Hussain & Anor, R v [2018] EWCA Crim 2550 (08 November 2018)

Hussain & Anor, R v [2018] EWCA Crim 2550 (08 November 2018)

The sentences, though on the lenient side, were not unduly lenient given the offenders' ages, lack of previous convictions for similar offences, totality, and the judge's proper application of the street robbery guideline; the finding of dangerousness and imposition of extended sentences were justified.

Citation
[2018] EWCA Crim 2550
Parties
Prosecution: Regina; Offender/applicant: Karim Hussain; Offender: Mickelle Alexander
Jurisdiction
England and Wales
Judgment Date
08 November 2018
Procedural Posture
Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Reference for Unduly Lenient Sentence and Offender's Appeal Against Sentence
Outcome
Reference dismissed; leave to appeal granted but appeal dismissed.
Legal Topics
Robbery, Theft, Fraud, Sentencing, Extended Sentences, Dangerousness, Attorney General's Reference, Unduly Lenient Sentences, Manifestly Excessive Sentences
Criminal Law Robbery Theft Fraud Sentencing Extended Sentences Dangerousness Attorney General's Reference +2 more

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Parties

Regina

Prosecution

Karim Hussain

Offender/applicant

Mickelle Alexander

Offender

Procedural Posture

Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Reference for Unduly Lenient Sentence and Offender's Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the offenders were unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Whether the sentence imposed on Hussain was manifestly excessive

Ratio Decidendi

The sentences, though on the lenient side, were not unduly lenient given the offenders' ages, lack of previous convictions for similar offences, totality, and the judge's proper application of the street robbery guideline; the finding of dangerousness and imposition of extended sentences were justified.

Court Disposition

Reference dismissed; leave to appeal granted but appeal dismissed.

Orders

  • Leave to appeal against sentence for Hussain granted but appeal dismissed.
  • Attorney General's reference for unduly lenient sentence dismissed.