Bukhari, R v

Bukhari, R v

The notional sentence before discount for plea, taking account of all mitigation, was too high. The appropriate sentence, before discount and considering mitigation, was three years, resulting in a 24-month sentence after discount. Immediate custody was necessary for appropriate punishment.

Parties
Prosecutor: Regina; Appellant: Syed Tanvir Bukhari
Jurisdiction
England and Wales
Judgment Date
13 April 2018
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
sentence reduced
Legal Topics
False Imprisonment, Threats to Kill, Common Assault, Sentencing, Mitigation
Criminal Law False Imprisonment Threats to Kill Common Assault Sentencing Mitigation

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Parties

Regina

Prosecutor

Syed Tanvir Bukhari

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for false imprisonment, threats to kill, and common assault was manifestly excessive given the mitigation available to the appellant.

Ratio Decidendi

The notional sentence before discount for plea, taking account of all mitigation, was too high. The appropriate sentence, before discount and considering mitigation, was three years, resulting in a 24-month sentence after discount. Immediate custody was necessary for appropriate punishment.

Court Disposition

sentence reduced

Orders

  • The sentence of 32 months for false imprisonment is quashed and substituted with a sentence of 24 months. All other sentences and orders remain the same.