Wahab & Anor, R. v (Sentencing Remarks) [2023] NICC 16 (21 June 2023)

Wahab & Anor, R. v (Sentencing Remarks) [2023] NICC 16 (21 June 2023)

Given the extreme aggravating factors of sustained, brutal abuse and breach of trust by a step-parent resulting in the murder of a defenceless child, a minimum term of 22 years is appropriate for Mr Wahab, reduced from a 25-year starting point due to a late and equivocal guilty plea. For Mrs Wahab, who caused or allowed the death and serious harm to her daughter over months, an 11-year sentence is appropriate, reflecting her late plea and limited mitigation, with concurrent sentences for related offences to avoid excessive totality.

Citation
[2023] NICC 16
Parties
Prosecution: The King; First Defendant: Abdul Wahab; Second Defendant: Aleksandra Wahab
Jurisdiction
Northern Ireland
Judgment Date
21 June 2023
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Murder, Causing or Allowing Death of a Child, Grievous Bodily Harm, Sentencing, Child Cruelty
Criminal Law Child Protection Murder Causing or Allowing Death of a Child Grievous Bodily Harm Sentencing Child Cruelty

Case Brief

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Parties

The King

Prosecution

Abdul Wahab

First Defendant

Aleksandra Wahab

Second Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder of a child by step-parent
  2. 2 Appropriate sentence for causing or allowing death and serious harm to a child by parent
  3. 3 Assessment of aggravating and mitigating factors in child homicide

Ratio Decidendi

Given the extreme aggravating factors of sustained, brutal abuse and breach of trust by a step-parent resulting in the murder of a defenceless child, a minimum term of 22 years is appropriate for Mr Wahab, reduced from a 25-year starting point due to a late and equivocal guilty plea. For Mrs Wahab, who caused or allowed the death and serious harm to her daughter over months, an 11-year sentence is appropriate, reflecting her late plea and limited mitigation, with concurrent sentences for related offences to avoid excessive totality.

Court Disposition

conviction and sentencing

Orders

  • Abdul Wahab sentenced to life imprisonment for murder with a minimum term of 22 years before parole eligibility; concurrent sentences of 8 years (count 2) and 10 years (count 15) for grievous bodily harm.
  • Aleksandra Wahab sentenced to 11 years' imprisonment for causing or allowing death of a child (count 2), with concurrent sentences of 6 years (count 9) and 8 years (count 16) for causing or allowing serious physical harm; to serve 5.5 years in custody and 5.5 years on licence.