R v Syed Minhaz Ahmed

R v Syed Minhaz Ahmed

The statutory time limit for applying to refer a point of law to the Supreme Court under section 36(5) Criminal Justice Act 1988 is strict and cannot be extended; the application was out of time and invalid. No point of law of general public importance arises regarding the sentencing guidelines in this case.

Parties
Applicant: Rex; Respondent: Syed Minhaz Ahmed
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Criminal Reference / Application for Extension of Time and Leave to Refer Point of Law to Supreme Court
Outcome
Application refused
Legal Topics
Unduly Lenient Sentences, Time Limits, Sentencing Guidelines, Leave to Appeal
Criminal Law Appellate Procedure Unduly Lenient Sentences Time Limits Sentencing Guidelines Leave to Appeal

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Parties

Rex

Applicant

Syed Minhaz Ahmed

Respondent

Procedural Posture

Criminal Reference / Application for Extension of Time and Leave to Refer Point of Law to Supreme Court

Legal Issues

  1. 1 Whether the Court of Appeal has power to extend the statutory time limit for applications to refer a point of law to the Supreme Court under section 36(5) Criminal Justice Act 1988
  2. 2 Whether a point of law of general public importance arises regarding the application of sentencing guidelines

Ratio Decidendi

The statutory time limit for applying to refer a point of law to the Supreme Court under section 36(5) Criminal Justice Act 1988 is strict and cannot be extended; the application was out of time and invalid. No point of law of general public importance arises regarding the sentencing guidelines in this case.

Court Disposition

Application refused

Orders

  • Application for extension of time is refused
  • No certification of point of law of general public importance