Hussain & Anor, R v

Hussain & Anor, R v

The sentences, though on the lenient side, were not unduly lenient given the offenders' ages, lack of previous convictions for similar offences, and the judge's proper application of the street robbery guideline. The judge was entitled to find dangerousness and impose extended sentences. The appeal against sentence as manifestly excessive was unarguable.

Parties
Offender/applicant: Karim Hussain; Offender: Mickelle Alexander; Prosecutor/applicant: Attorney General (Solicitor General)
Jurisdiction
England and Wales
Judgment Date
08 November 2018
Procedural Posture
Criminal Appeal/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, Dangerousness, Extended Sentences, Appeal Against Sentence, Unduly Lenient Sentence Reference
Criminal Law Robbery Theft Fraud Sentencing Dangerousness Extended Sentences Appeal Against Sentence +1 more

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Parties

Karim Hussain

Offender/applicant

Mickelle Alexander

Offender

Attorney General (Solicitor General)

Prosecutor/applicant

Procedural Posture

Criminal Appeal/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
  2. 2 Whether the sentence imposed on Hussain was manifestly excessive
  3. 3 Proper categorisation under the Sentencing Guidelines for robbery

Ratio Decidendi

The sentences, though on the lenient side, were not unduly lenient given the offenders' ages, lack of previous convictions for similar offences, and the judge's proper application of the street robbery guideline. The judge was entitled to find dangerousness and impose extended sentences. The appeal against sentence as manifestly excessive was unarguable.

Court Disposition

Reference dismissed; leave to appeal granted but appeal dismissed.

Orders

  • Leave to appeal against sentence granted to Hussain but appeal dismissed.
  • Reference by Solicitor General for unduly lenient sentence dismissed.