S & Ors, R v [2008] EWCA Crim 1636 (4 July 2008)

S & Ors, R v [2008] EWCA Crim 1636 (4 July 2008)

The sentences for conspiracy to pervert the course of justice must reflect the seriousness of sustained, corrupt conduct undermining the administration of justice, but should not be equated with sentences for large-scale drug trafficking unless such offences are charged. Pleas of guilty and mitigation warrant reductions, but the totality principle applies. The sentences for the first appellant were reduced to ten years, for Azam to three and a half years, and for Abdullahi to three years. Sehra's sentence of six years was upheld as appropriate.

Citation
[2008] EWCA Crim 1636
Parties
Respondent: Regina; First Appellant: S; Second Appellant: Mandip Sehra; Third Appellant: Mohammed Azam; Fourth Appellant: Mohammed Abdullahi
Jurisdiction
England and Wales
Judgment Date
04 July 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals of S, Azam, and Abdullahi allowed in part; sentences reduced. Sehra's appeal dismissed.
Legal Topics
Perverting the Course of Justice, Conspiracy, Contempt of Court, False Accounting, Fraud, Sentencing
Criminal Law Perverting the Course of Justice Conspiracy Contempt of Court False Accounting Fraud Sentencing

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Parties

Regina

Respondent

S

First Appellant

Mandip Sehra

Second Appellant

Mohammed Azam

Third Appellant

Mohammed Abdullahi

Fourth Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants were manifestly excessive or based on incorrect factual or legal grounds
  2. 2 Appropriate sentencing principles for conspiracy to pervert the course of justice, fraud, and related offences

Ratio Decidendi

The sentences for conspiracy to pervert the course of justice must reflect the seriousness of sustained, corrupt conduct undermining the administration of justice, but should not be equated with sentences for large-scale drug trafficking unless such offences are charged. Pleas of guilty and mitigation warrant reductions, but the totality principle applies. The sentences for the first appellant were reduced to ten years, for Azam to three and a half years, and for Abdullahi to three years. Sehra's sentence of six years was upheld as appropriate.

Court Disposition

Appeals of S, Azam, and Abdullahi allowed in part; sentences reduced. Sehra's appeal dismissed.

Orders

  • Sentence of S reduced to ten years total imprisonment.
  • Sentence of Azam reduced to three and a half years imprisonment.