Arshad, R. v [2025] EWCA Crim 1456 (05 September 2025)

Arshad, R. v [2025] EWCA Crim 1456 (05 September 2025)

The sentence was justified because the offence was committed in a court building while the appellant was in the dock, which is a gross aggravating factor beyond supply into custody; the judge was entitled to impose immediate custody and not suspend the sentence.

Citation
[2025] EWCA Crim 1456
Parties
Prosecution: Rex; Appellant: Umar Arshad
Jurisdiction
England and Wales
Judgment Date
05 September 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Aggravating Factors, Suspension of Sentence
Criminal Law Sentencing Drug Offences Aggravating Factors Suspension of Sentence

Case Brief

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Parties

Rex

Prosecution

Umar Arshad

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the judge erred in treating supply of drugs into a custodial setting as an aggravating factor when categorisation already accounted for it
  2. 2 Whether the judge erred in failing to find a realistic prospect of rehabilitation and thus in not suspending the sentence

Ratio Decidendi

The sentence was justified because the offence was committed in a court building while the appellant was in the dock, which is a gross aggravating factor beyond supply into custody; the judge was entitled to impose immediate custody and not suspend the sentence.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence refused