R v Talliq Mwalim

R v Talliq Mwalim

The sentence of 23 years' imprisonment was within the guideline range, properly reflected the seriousness of the offence, the appellant's age, and available mitigation. The lack of a pre-sentence report was not improper given the judge's familiarity with the case. The disparity with the co-accused's sentence was justified by differences in age, criminal record, and remorse.

Parties
Prosecutor: Rex; Appellant: Talliq Mwalim
Jurisdiction
England and Wales
Judgment Date
09 November 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Attempted Murder, Sentencing, Grievous Bodily Harm, Possession of Offensive Weapon, Appeal Procedure

Case Brief

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Parties

Rex

Prosecutor

Talliq Mwalim

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether sufficient weight was given to the appellant's age
  3. 3 Whether there was unjustified disparity between the appellant's sentence and that of a co-accused

Ratio Decidendi

The sentence of 23 years' imprisonment was within the guideline range, properly reflected the seriousness of the offence, the appellant's age, and available mitigation. The lack of a pre-sentence report was not improper given the judge's familiarity with the case. The disparity with the co-accused's sentence was justified by differences in age, criminal record, and remorse.

Court Disposition

Appeal dismissed

Orders

  • The sentence of 23 years' imprisonment for attempted murder is upheld.
  • The concurrent sentence of six months for possession of an offensive weapon is upheld.