R v Nazir Ahmed & Ors

R v Nazir Ahmed & Ors

When sentencing an adult for offences committed as a child, the Children guideline must be followed regardless of elapsed time. The court must take as its starting point the sentence likely to have been imposed at the time of offending, considering the statutory maximum then available for a child of that age. Sentences should rarely exceed that maximum, and only for good reason. The passage of time does not increase the offender's culpability or moral responsibility. Where custody was unavailable to a child offender, no custodial sentence may be imposed now.

Parties
Respondent: Rex; Applicant/appellant: Nazir Ahmed; Applicant/appellant: David Stansfield; Applicant/appellant: Steven Priestley; Applicant/appellant: RW; Applicant/appellant: Peter Hodgkinson
Jurisdiction
England and Wales
Judgment Date
17 March 2023
Procedural Posture
Criminal Appeal / Judgment on Conjoined Appeals Against Sentence
Outcome
Appeals allowed in part; sentences varied for all applicants/appellants.
Legal Topics
Sentencing of Adults for Offences Committed as Children, Historical Sexual Offences, Application of Sentencing Guidelines, Statutory Maximum Sentences, Culpability Assessment
Criminal Law Sentencing Sentencing of Adults for Offences Committed as Children Historical Sexual Offences Application of Sentencing Guidelines Statutory Maximum Sentences Culpability Assessment

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Parties

Rex

Respondent

Nazir Ahmed

Applicant/appellant

David Stansfield

Applicant/appellant

Steven Priestley

Applicant/appellant

RW

Applicant/appellant

Peter Hodgkinson

Applicant/appellant

Procedural Posture

Criminal Appeal / Judgment on Conjoined Appeals Against Sentence

Legal Issues

  1. 1 What is the correct approach to sentencing an adult for an offence committed as a child?
  2. 2 Should the Children guideline be applied regardless of the time elapsed since offending?
  3. 3 Does the statutory maximum sentence at the time of offending restrict the sentence now?

Ratio Decidendi

When sentencing an adult for offences committed as a child, the Children guideline must be followed regardless of elapsed time. The court must take as its starting point the sentence likely to have been imposed at the time of offending, considering the statutory maximum then available for a child of that age. Sentences should rarely exceed that maximum, and only for good reason. The passage of time does not increase the offender's culpability or moral responsibility. Where custody was unavailable to a child offender, no custodial sentence may be imposed now.

Court Disposition

Appeals allowed in part; sentences varied for all applicants/appellants.

Orders

  • Nazir Ahmed: sentence on count 1 quashed and substituted with 6 months' imprisonment; counts 3 and 4 remain at 2 years each, concurrent and consecutive to count 1; total sentence 2 years 6 months.
  • David Stansfield: sentences on counts 13, 14, 18, 19 quashed; substituted with 11 years' custody and 1 year licence (count 13), 2 years' imprisonment (counts 14, 18, 19) concurrent; total sentence 11 years' custody and 1 year licence.