Thomas, R. v

Thomas, R. v

The convictions were safe as the judge directed the jury correctly and defence counsel's conduct was competent; sentences imposed were not manifestly excessive or wrong in principle given the seriousness, planning, and aggravating features of the offences; no unfair disparity was found among co-accused.

Parties
Applicant: Thomas Thomas; Appellant: Jamal (aka Clinton) Mogg; Applicant: Aman Kassaye; Applicant: Craig Calderwood; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
26 May 2011
Procedural Posture
Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Appeals Against Sentence
Outcome
applications for leave to appeal against conviction refused; appeals against sentence dismissed
Legal Topics
Conspiracy to Rob, Kidnapping, Possession of Firearm, Sentencing, Appeals, Unsafe Conviction, Judicial Directions
Criminal Law Conspiracy to Rob Kidnapping Possession of Firearm Sentencing Appeals Unsafe Conviction Judicial Directions

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Parties

Thomas Thomas

Applicant

Jamal (aka Clinton) Mogg

Appellant

Aman Kassaye

Applicant

Craig Calderwood

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Applications for Leave to Appeal Against Conviction and Appeals Against Sentence

Legal Issues

  1. 1 Whether convictions were unsafe due to alleged judicial misdirection or inadequate defence
  2. 2 Whether sentences imposed were manifestly excessive or wrong in principle
  3. 3 Whether disparity in sentencing among co-accused was justified

Ratio Decidendi

The convictions were safe as the judge directed the jury correctly and defence counsel's conduct was competent; sentences imposed were not manifestly excessive or wrong in principle given the seriousness, planning, and aggravating features of the offences; no unfair disparity was found among co-accused.

Court Disposition

applications for leave to appeal against conviction refused; appeals against sentence dismissed

Orders

  • leave to appeal against conviction refused for Thomas and Kassaye
  • leave to appeal against sentence granted for Calderwood