Al-Sayed, R v

Al-Sayed, R v

The custodial sentence imposed was within the appropriate range given the aggravating features, including the age of the victim and pre-planning, but the recommendation for deportation was quashed as the conviction alone did not establish that the appellant's continued presence was detrimental to society.

Parties
Prosecution: Regina; Appellant: Sultan Al-Sayed
Jurisdiction
England and Wales
Judgment Date
28 August 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Voyeurism, Sentencing, Deportation Recommendation, Sexual Offences, Appeal Procedure
Criminal Law Voyeurism Sentencing Deportation Recommendation Sexual Offences Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Sultan Al-Sayed

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for attempted voyeurism was manifestly excessive
  2. 2 Whether the recommendation for deportation was appropriate

Ratio Decidendi

The custodial sentence imposed was within the appropriate range given the aggravating features, including the age of the victim and pre-planning, but the recommendation for deportation was quashed as the conviction alone did not establish that the appellant's continued presence was detrimental to society.

Court Disposition

appeal allowed in part

Orders

  • recommendation for deportation quashed
  • prison sentence and ancillary orders to remain