Sakin & Anor, R. v

Sakin & Anor, R. v

The judge did not err in restricting cross-examination under s.41, gave adequate directions on inconsistencies, and properly summed up the appellant's evidence; the sentence imposed was not manifestly excessive and was within guideline ranges. The initial order quashing the conviction was revoked upon discovery of transcription error, and the appeals were dismissed.

Parties
Respondent: Regina; First Appellant: Ilhan Sakin; Second Appellant: Muctarr Gardrie
Jurisdiction
England and Wales
Judgment Date
22 March 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal and Reconsideration
Outcome
Appeals dismissed
Legal Topics
Sexual Offences, Appeals, Judicial Summing Up, Cross Examination, Sentencing, Reporting Restrictions
Criminal Law Sexual Offences Appeals Judicial Summing Up Cross Examination Sentencing Reporting Restrictions

Case Brief

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Parties

Regina

Respondent

Ilhan Sakin

First Appellant

Muctarr Gardrie

Second Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal and Reconsideration

Legal Issues

  1. 1 Whether the trial judge erred in restricting cross-examination under s.41 Youth Justice and Criminal Evidence Act 1999
  2. 2 Whether the judge failed to sum up the appellant's evidence to the jury
  3. 3 Whether the judge's directions on inconsistencies between witnesses were adequate

Ratio Decidendi

The judge did not err in restricting cross-examination under s.41, gave adequate directions on inconsistencies, and properly summed up the appellant's evidence; the sentence imposed was not manifestly excessive and was within guideline ranges. The initial order quashing the conviction was revoked upon discovery of transcription error, and the appeals were dismissed.

Court Disposition

Appeals dismissed

Orders

  • Renewed applications for leave to appeal against conviction dismissed
  • Appeal against conviction dismissed