R v Abdulrahman Haddad
[2024] EWCA Crim 1027
R v Hassan Serdoud
30 October 2024
[2024] EWCA Crim 1398
Court of Appeal
A man skipped bail to go to Morocco, saying he was sick. The judge didn't believe him and found him guilty. The appeal court agreed, saying he clearly tried to avoid his sentence. They also said the punishment was fair.
Key Facts
- •Hassan Serdoud (appellant) convicted of failing to surrender to bail (Bail Act 1976, section 6(1)).
- •Appellant sentenced to 2 months' imprisonment consecutive to a 4-year 6-month sentence for bribery.
- •Appellant absconded to Morocco from September 2023 to April 2024, citing medical reasons.
- •Appellant claimed he underwent spinal surgery in Morocco and was unable to travel.
- •Judge found appellant's evidence unconvincing and that he intentionally evaded sentence.
- •Appeal against both conviction and sentence.
Legal Principles
In proceedings under section 6 of the Bail Act 1976, the burden of proof is on the accused to prove reasonable cause for failure to surrender.
Bail Act 1976, section 6(3)
A judge's prior involvement in a case does not automatically disqualify them from hearing a subsequent quasi-contempt hearing.
Shaw v Kovak [2017] 1 WLR 4773
A court is not bound by medical certificates and may disregard unsatisfactory ones, particularly if lacking realistic recovery timescales.
Criminal Practice Direction 5C
Outcomes
Appeal against conviction dismissed.
The judge's findings were supported by the evidence. The appellant's actions demonstrated an intention to evade sentence, and he failed to discharge the burden of proving reasonable cause for his absence.
Appeal against sentence dismissed.
The judge's categorization of the offence and sentencing were appropriate given the deliberate evasion of justice and the significant delay caused.