Alamgir & Ors, R. v

Alamgir & Ors, R. v

The sentences imposed were not manifestly excessive given the seriousness of encouraging support for a proscribed organisation, the targeted and receptive audience, the offenders' roles and influence, and the aggravating factors present. The sentencing judge properly assessed culpability and harm, and no error in principle or approach was demonstrated.

Parties
Respondent: Regina; 1st Appellant: Mohammed Ishtiq Alamgir; 2nd Appellant: Yousaf Bashir; 3rd Appellant: Rajib Khan; 4th Appellant: Mohammed Choudry
Jurisdiction
England and Wales
Judgment Date
18 January 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals and applications dismissed
Legal Topics
Encouraging Support for a Proscribed Organisation, Sentencing Principles, Terrorism Act 2000 Section 12, Assessment of Culpability and Harm
Criminal Law Counter Terrorism Encouraging Support for a Proscribed Organisation Sentencing Principles Terrorism Act 2000 Section 12 Assessment of Culpability and Harm

Case Brief

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Parties

Regina

Respondent

Mohammed Ishtiq Alamgir

1st Appellant

Yousaf Bashir

2nd Appellant

Rajib Khan

3rd Appellant

Mohammed Choudry

4th Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for encouraging support for a proscribed organisation under s.12 Terrorism Act 2000 were manifestly excessive
  2. 2 Proper approach to sentencing for s.12 offences in absence of sentencing guidelines
  3. 3 Relevance of offender's role, audience, and prior convictions to sentence length

Ratio Decidendi

The sentences imposed were not manifestly excessive given the seriousness of encouraging support for a proscribed organisation, the targeted and receptive audience, the offenders' roles and influence, and the aggravating factors present. The sentencing judge properly assessed culpability and harm, and no error in principle or approach was demonstrated.

Court Disposition

Appeals and applications dismissed

Orders

  • Application for leave to appeal sentence by Alamgir, Bashir, and Khan refused
  • Appeal against sentence by Choudry dismissed