Malook, R v

Malook, R v

The failures in disclosure by the police were due to incompetence and deficient systems, not dishonesty or conspiracy to pervert the course of justice. The non-disclosure of Dewey’s interview was not deliberate and would not have affected the judge’s findings at the Newton hearing. The judge was entitled to find the...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Sadakat Ali Malook
Jurisdiction
England and Wales
Judgment Date
16 February 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Newton Hearing
Outcome
Appeal against sentence dismissed except to the extent that the finding of being 'head' is read as 'at the centre' of the conspiracy.
Legal Topics
Disclosure Obligations, Conspiracy to Supply Drugs, Newton Hearing, Fresh Evidence on Appeal, Role in Criminal Enterprise
Criminal Law Disclosure Obligations Conspiracy to Supply Drugs Newton Hearing Fresh Evidence on Appeal Role in Criminal Enterprise

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Sadakat Ali Malook

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Newton Hearing

Legal Issues

  1. 1 Whether there was deliberate withholding or non-disclosure of documents by police amounting to perverting the course of justice
  2. 2 Whether the judge misapplied evidence regarding the appellant’s income and whether further evidence should be admitted
  3. 3 Whether the findings at the Newton hearing should stand in light of disclosure failures

Ratio Decidendi

The failures in disclosure by the police were due to incompetence and deficient systems, not dishonesty or conspiracy to pervert the course of justice. The non-disclosure of Dewey’s interview was not deliberate and would not have affected the judge’s findings at the Newton hearing. The judge was entitled to find the appellant was involved throughout the conspiracy and at a high level, though not necessarily at the very head. There was no legitimate evidence of income to contradict the inference that the appellant’s lifestyle was funded by drug dealing.

Court Disposition

Appeal against sentence dismissed except to the extent that the finding of being 'head' is read as 'at the centre' of the conspiracy.

Orders

  • Court will hear submissions on sentence in light of clarified role as 'at the centre' rather than 'head' of conspiracy.