Kabir, R. v [2025] EWCA Crim 411 (26 February 2025)

Kabir, R. v [2025] EWCA Crim 411 (26 February 2025)

No unequivocal indication of a guilty plea was given at the first stage of proceedings; therefore, the appellant was not entitled to the maximum one-third reduction in sentence. The provisional sentence before mitigation was justified given the high culpability and harm factors present.

Citation
[2025] EWCA Crim 411
Parties
Prosecution: Rex; Appellant/defendant: Alomgir Kabir
Jurisdiction
England and Wales
Judgment Date
26 February 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence From Crown Court
Outcome
appeal dismissed
Legal Topics
Sentencing, Guilty Plea Reduction, Controlling or Coercive Behaviour, Domestic Abuse
Criminal Law Sentencing Guilty Plea Reduction Controlling or Coercive Behaviour Domestic Abuse

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Parties

Rex

Prosecution

Alomgir Kabir

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Sentence From Crown Court

Legal Issues

  1. 1 Whether the appellant was entitled to the maximum one-third reduction in sentence for a guilty plea under the Sentencing Council's Reduction in Sentence for a Guilty Plea Guideline
  2. 2 Whether the provisional sentence before mitigation was excessive

Ratio Decidendi

No unequivocal indication of a guilty plea was given at the first stage of proceedings; therefore, the appellant was not entitled to the maximum one-third reduction in sentence. The provisional sentence before mitigation was justified given the high culpability and harm factors present.

Court Disposition

appeal dismissed

Orders

  • Sentence of 27 months' imprisonment upheld
  • Statutory surcharge ordered