R v Shkelzen Hajdaraj

R v Shkelzen Hajdaraj

The sentence was manifestly excessive because the appellant had already served a period of remand and curfew equivalent to a sentence far exceeding the guideline maximum; punitive elements of the community order were inappropriate, and a conditional discharge was substituted.

Source-derived case information.

Parties
Prosecutor: Rex; Appellant: Shkelzen Hajdaraj
Jurisdiction
England and Wales
Judgment Date
04 September 2025
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Community Orders, Remand Credit, Drug Offences
Criminal Law Sentencing Community Orders Remand Credit Drug Offences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecutor

Shkelzen Hajdaraj

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive or wrong in principle given time spent on remand and qualifying curfew
  2. 2 Appropriateness of punitive and rehabilitative elements in a community order after significant remand time

Ratio Decidendi

The sentence was manifestly excessive because the appellant had already served a period of remand and curfew equivalent to a sentence far exceeding the guideline maximum; punitive elements of the community order were inappropriate, and a conditional discharge was substituted.

Court Disposition

appeal allowed

Orders

  • sentence quashed
  • conditional discharge for 6 months substituted