R v Solomon Abdul

R v Solomon Abdul

The extended sentence on count 1 was unlawful as statutory conditions were not met; the judge erred in considering unproven allegations for dangerousness, but based on proved facts, the finding of dangerousness and imposition of an extended sentence was appropriate; the overall sentence was not manifestly excessive...

Source-derived case information.

Parties
Appellant: Solomon Abdul; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Aggravated Burglary, Sentencing, Dangerousness, Extended Sentence, Totality, Unlawful Sentence
Criminal Law Aggravated Burglary Sentencing Dangerousness Extended Sentence Totality Unlawful Sentence

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Parties

Solomon Abdul

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the extended sentence on count 1 was unlawful
  2. 2 Whether the overall sentence was excessive as an issue of totality
  3. 3 Whether the finding of dangerousness was properly made

Ratio Decidendi

The extended sentence on count 1 was unlawful as statutory conditions were not met; the judge erred in considering unproven allegations for dangerousness, but based on proved facts, the finding of dangerousness and imposition of an extended sentence was appropriate; the overall sentence was not manifestly excessive given the separate criminality and harm.

Court Disposition

appeal allowed in part

Orders

  • Extended sentence on count 1 set aside and replaced with determinate sentence of two years' imprisonment.
  • Consecutive extended sentence of eight years and two months imposed on count 2 (seven years two months custody, one year extended licence).