Hussain, R. v

Hussain, R. v

The appellant's sentence was too high given his lesser role, younger age, and additional mitigation compared to the co-defendant; a distinction should be made in sentencing.

Parties
Prosecutor: Regina; Appellant: Sajid Hussain; Co Defendant: Kenneth Jones
Jurisdiction
England and Wales
Judgment Date
19 June 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Conspiracy to Murder, Sentencing, Mitigation, Culpability
Criminal Law Conspiracy to Murder Sentencing Mitigation Culpability

Case Brief

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Parties

Regina

Prosecutor

Sajid Hussain

Appellant

Kenneth Jones

Co Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 14 years imposed on the appellant for conspiracy to murder was manifestly excessive
  2. 2 Whether distinction should be made between appellant and co-defendant based on culpability and mitigation

Ratio Decidendi

The appellant's sentence was too high given his lesser role, younger age, and additional mitigation compared to the co-defendant; a distinction should be made in sentencing.

Court Disposition

appeal allowed

Orders

  • sentence of 14 years quashed
  • sentence of 11 years substituted