Haque, R. v [2024] EWCA Crim 1321 (15 October 2024)

Haque, R. v [2024] EWCA Crim 1321 (15 October 2024)

The judge erred in categorising the robbery as causing serious psychological harm (category 1A); evidence did not support this. The offence should have been categorised as category 2A, making the original custodial term manifestly excessive. The statutory minimum for the imitation firearm offence was correctly applied as there were no exceptional circumstances.

Citation
[2024] EWCA Crim 1321
Parties
Respondent: Rex; Appellant: Zohirul Haque
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Robbery, Possession of Imitation Firearm, Sentencing Guidelines, Dangerousness, Extended Sentence
Criminal Law Robbery Possession of Imitation Firearm Sentencing Guidelines Dangerousness Extended Sentence

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Parties

Rex

Respondent

Zohirul Haque

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge misapplied the sentencing guidelines for robbery and possession of an imitation firearm
  2. 2 Whether the sentence for robbery was manifestly excessive due to miscategorisation of harm
  3. 3 Whether there were exceptional circumstances to depart from the statutory minimum for the firearm offence

Ratio Decidendi

The judge erred in categorising the robbery as causing serious psychological harm (category 1A); evidence did not support this. The offence should have been categorised as category 2A, making the original custodial term manifestly excessive. The statutory minimum for the imitation firearm offence was correctly applied as there were no exceptional circumstances.

Court Disposition

Appeal allowed in part

Orders

  • Extended sentence of 12 years for robbery quashed and substituted with an extended sentence of 10 years (8 years custody, 2 years extended licence)
  • Sentences for other offences remain unchanged and concurrent