Dart & Ors v R

Dart & Ors v R

Sentences for Dart, Iqbal, and Ahmed were within the appropriate range given their conduct, intent, and dangerousness; no unfair disparity or error in discount for plea. Sentences for Arshad and Hussain were too severe and substituted with lower terms reflecting their lesser culpability.

Parties
Applicant: Richard Dart; Applicant: Zahid Iqbal; Applicant: Mohammed Ahmed; Applicant: Umar Arshad; Applicant: Syad Hussain; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
31 October 2014
Procedural Posture
Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Sentence
Outcome
Applications of Dart, Iqbal, and Ahmed refused; leave granted to Arshad and Hussain; sentences for Arshad and Hussain quashed and substituted with lower terms; representation orders granted to Arshad and Hussain only.
Legal Topics
Terrorism, Sentencing, Dangerousness, Discount for Guilty Plea, Extended Sentences
Criminal Law Terrorism Sentencing Dangerousness Discount for Guilty Plea Extended Sentences

Case Brief

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Parties

Richard Dart

Applicant

Zahid Iqbal

Applicant

Mohammed Ahmed

Applicant

Umar Arshad

Applicant

Syad Hussain

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether sentences imposed for offences under section 5(1) of the Terrorism Act 2006 were manifestly excessive
  2. 2 Whether extended sentences were properly imposed
  3. 3 Whether full discount for guilty plea should have been given

Ratio Decidendi

Sentences for Dart, Iqbal, and Ahmed were within the appropriate range given their conduct, intent, and dangerousness; no unfair disparity or error in discount for plea. Sentences for Arshad and Hussain were too severe and substituted with lower terms reflecting their lesser culpability.

Court Disposition

Applications of Dart, Iqbal, and Ahmed refused; leave granted to Arshad and Hussain; sentences for Arshad and Hussain quashed and substituted with lower terms; representation orders granted to Arshad and Hussain only.

Orders

  • Sentence for Umar Arshad substituted with 5 years 3 months' imprisonment.
  • Sentence for Syad Hussain substituted with 3 years 9 months' imprisonment; terrorist notification period reduced to 10 years.