Caselaw Digest
Caselaw Digest

R v Adris Mohammed

[2023] EWCA Crim 974
A man was convicted of murdering an elderly man he robbed. The court decided there was enough evidence to show he meant to kill the old man, even though it wasn't perfectly clear when the old man died. The man's long prison sentence was also upheld.

Key Facts

  • Adris Mohammed (44) convicted of murder, attempted burglary, two counts of burglary, and two counts of fraud.
  • Victim: David Varlow (78), lived alone. Attempted burglary on October 24, 2021.
  • Last seen alive on November 2, 2021. Mohammed seen on CCTV near Varlow's house on November 3, using Varlow's bank card shortly after.
  • Varlow's bank card used extensively over the following days by Mohammed and Stephanie Wyatt.
  • Mohammed and co-accused returned to Varlow's property on November 11.
  • Varlow's body found on November 15, bound to a chair; cause of death likely a heart attack induced by stress from being tied up.
  • Mohammed's DNA found on the knife, scissors, and cable used to bind Varlow.
  • Prosecution argued Mohammed intended to kill Varlow by tying him up and leaving him.
  • Defense argued insufficient evidence of intent to kill, suggesting Varlow may have died before Mohammed left the house on November 3 or that Mohammed believed someone would find him.

Legal Principles

Mens rea for murder requires intent to kill or cause really serious harm.

Common Law

Outcomes

Appeal against conviction refused.

Sufficient evidence to support the jury's finding of intent to kill or cause really serious harm. The court found that the precise time of death was not crucial; the focus was on Mohammed's intent when tying up the victim.

Appeal against sentence refused.

The minimum 33-year sentence was not considered excessive given the circumstances: murder for gain, vulnerability of the victim, cruelty of the act, and lack of remorse.

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