Ahmed & Ors, R. v

Ahmed & Ors, R. v

The section 34 direction was appropriate given the evidence and cross-examination; the cross-examination of R was not unfair and did not render the conviction unsafe; the verdicts were not inconsistent; the sentencing judge erred in categorising the harm as 'serious' and in the discounts applied for youth, requiring adjustment of sentences.

Parties
Respondent: R; Appellant: Sharmarke Ahmed; Appellant: Muridi Abdelkadir Mohamed Bahdon; Appellant: R; Appellant: G
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal against conviction dismissed; appeals against sentence allowed in part
Legal Topics
Robbery, Sentencing, Youth Offenders, Joint Enterprise, Adverse Inference, Appeal Against Conviction, Appeal Against Sentence

Case Brief

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Parties

R

Respondent

Sharmarke Ahmed

Appellant

Muridi Abdelkadir Mohamed Bahdon

Appellant

R

Appellant

G

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

  1. 1 Whether the trial judge erred in giving a section 34 Criminal Justice and Public Order Act 1994 direction
  2. 2 Whether the cross-examination of a young defendant was unfair
  3. 3 Whether the verdicts were inconsistent

Ratio Decidendi

The section 34 direction was appropriate given the evidence and cross-examination; the cross-examination of R was not unfair and did not render the conviction unsafe; the verdicts were not inconsistent; the sentencing judge erred in categorising the harm as 'serious' and in the discounts applied for youth, requiring adjustment of sentences.

Court Disposition

Appeal against conviction dismissed; appeals against sentence allowed in part

Orders

  • R’s conviction appeal dismissed
  • R’s sentence reduced to 2 years 11 months 12 days’ detention