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His Majesty's Attorney General v Navid Iqbal

[2024] EWCA Crim 689
A man was convicted of sexually assaulting a sleeping man and assaulting a police officer. The Attorney General thought his sentence (suspended prison time) was too light. The Court of Appeal disagreed, saying the judge who sentenced him had made a fair decision, considering all the facts, including the man’s mental health issues. They would only overturn the sentence if the judge had made a serious mistake, which they didn’t think had happened.

Key Facts

  • Navid Iqbal assaulted a sleeping man by penetration and then assaulted a police officer.
  • The victim was asleep on Clapham Common when Iqbal put grass in his shorts and penetrated him anally.
  • Iqbal subsequently assaulted a female police officer.
  • Iqbal had previous convictions for battery and resisting arrest.
  • Iqbal suffered from emotionally unstable personality disorder.
  • The victim suffered from a depressive episode as a result of the assault.

Legal Principles

Sentencing is an art, not a science, and the trial judge is best placed to weigh competing considerations.

Attorney General’s Reference No 4 of 1989 [1991] 1 WLR 41

A sentence is unduly lenient only if it falls outside the range of sentences reasonably open to the judge.

Attorney General’s Reference No 4 of 1989 [1991] 1 WLR 41

References under s.36 of the Criminal Justice Act 1988 are for gross errors, not minor discrepancies in sentencing.

R v Edwards [2012] EWCA Crim 2746

Vulnerability in sentencing for sexual offences requires consideration of specific circumstances; a sleeping person in a public place with friends isn't automatically 'particularly vulnerable'.

R v Husband [2021] EWCA Crim 1240

Sexual Offences (Amendment) Act 1992 reporting restrictions apply to protect victim identity.

Sexual Offences (Amendment) Act 1992

Outcomes

The Attorney General's application for leave to refer the sentence as unduly lenient was refused.

The Court of Appeal found no error of principle in the judge's sentencing. While acknowledging the sentence was lenient, it was not unduly so, falling within the reasonable range open to the judge.

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