Islam Khan successful in Court of Appeal

Islam Khan
By: Islam Khan October 9, 2023

Court of Appeal: R -v- Hand [2023]

Court of Appeal Quash a 4.5-year sentence to 2 year 3 months.

LJ Edis states Mr Khan was succinct and very clear in his submissions. This led to the quashing of the sentence at Birmingham Crown Court.

This appeal was presided by LJ Edis, LJ Stacey and HHJ Leonard K.C.

Mr Hand was sentenced to 4 half years. On one count of Attempt Robbery and 3 months on a s51 s4 POA. On appeal the grounds were that (1) The sentencing judge’s approach to a category 2, culpability B was manifestly excessive on an attempt robbery. On the facts of the case this ought to have been category 3 and culpability B with a concurrent sentence as it was part and parcel of the same facts.

The court of appeal agreed that the starting point of 4 half years was wrong. This case fell on the cusp of category 2/3 with a culpability B but lower end. The s4 POA was also manifestly excessive and the sentence ought to have been 1 month concurrent and not 3 months consecutive.

Sentence quashed with a new sentence of 2 years and 3 months concurrent from 4 half years.

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