R v Syed Minhaz Ahmed

R v Syed Minhaz Ahmed

The judge erred in applying the superseded 2008 guideline instead of the Sentencing Council Guideline effective 1 July 2023. The applicable guideline was the new one, and there was no legitimate expectation to be sentenced under the old guideline. Applying the correct guideline, the offence fell within Culpability A, and the appropriate sentence was 8 years’ imprisonment. The original sentence of 4 years was unduly lenient and is quashed.

Parties
Prosecutor: Rex; Defendant: Syed Minhaz Ahmed
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
sentence increased on reference; appeal allowed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Unduly Lenient Sentence, Application of New Sentencing Guidelines
Criminal Law Sentencing Causing Death by Dangerous Driving Sentencing Guidelines Unduly Lenient Sentence Application of New Sentencing Guidelines

Case Brief

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Parties

Rex

Prosecutor

Syed Minhaz Ahmed

Defendant

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Was the sentence imposed unduly lenient?
  2. 2 Should the new Sentencing Council Guideline effective 1 July 2023 have been applied?
  3. 3 Did the defendant have a legitimate expectation to be sentenced under the old guideline?

Ratio Decidendi

The judge erred in applying the superseded 2008 guideline instead of the Sentencing Council Guideline effective 1 July 2023. The applicable guideline was the new one, and there was no legitimate expectation to be sentenced under the old guideline. Applying the correct guideline, the offence fell within Culpability A, and the appropriate sentence was 8 years’ imprisonment. The original sentence of 4 years was unduly lenient and is quashed.

Court Disposition

sentence increased on reference; appeal allowed

Orders

  • Sentence of 4 years’ imprisonment quashed and replaced with 8 years’ imprisonment.
  • Driving disqualification increased to 8 years (4 years discretionary period plus 4 years extension).