Choudhary & Ano , R. v

Choudhary & Ano , R. v

The sentence of 3 years' imprisonment for Ms Choudhary was not manifestly excessive given the scale, planning, and aggravating features of the mortgage fraud, and substantial credit was given for mitigating factors and guilty plea. The renewed application for permission to appeal was dismissed as there was no realistic prospect of a successful appeal.

Parties
Respondent: The Queen; First Applicant: Yasmin Choudhary; Second Applicant: Tipu Sultan Ahmed
Jurisdiction
England and Wales
Judgment Date
11 February 2011
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
Renewed application for permission to appeal by Yasmin Choudhary dismissed; permission to appeal granted to Tipu Sultan Ahmed with appeal to be heard at a later date with prosecution present.
Legal Topics
Mortgage Fraud, Benefit Fraud, Sentencing, Appeal Procedure
Criminal Law Mortgage Fraud Benefit Fraud Sentencing Appeal Procedure

Case Brief

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Parties

The Queen

Respondent

Yasmin Choudhary

First Applicant

Tipu Sultan Ahmed

Second Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on Yasmin Choudhary was manifestly excessive
  2. 2 Whether leave to appeal against sentence should be granted to Tipu Sultan Ahmed

Ratio Decidendi

The sentence of 3 years' imprisonment for Ms Choudhary was not manifestly excessive given the scale, planning, and aggravating features of the mortgage fraud, and substantial credit was given for mitigating factors and guilty plea. The renewed application for permission to appeal was dismissed as there was no realistic prospect of a successful appeal.

Court Disposition

Renewed application for permission to appeal by Yasmin Choudhary dismissed; permission to appeal granted to Tipu Sultan Ahmed with appeal to be heard at a later date with prosecution present.

Orders

  • Renewed application for permission to appeal by Yasmin Choudhary dismissed.
  • Permission to appeal granted to Tipu Sultan Ahmed; appeal to be listed for hearing with prosecution attendance.