Caselaw Digest
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R v Kamila Ahmad

[2024] EWCA Crim 370
A woman was sentenced to life in prison for murder and additional time for wounding her ex-partners. She appealed, saying she was a victim of domestic abuse. The court reviewed the facts and decided the judge was right to convict her. The sentences were not deemed too harsh.

Key Facts

  • Kamila Ahmad (applicant) was sentenced to life imprisonment with a minimum term of 23 years (less time on remand) for murder (Count 3) and 7 years concurrent for wounding with intent (Count 1).
  • The offences involved stabbing two former partners: Karim Hussain in 2015 (wounding) and Tai O'Donnell in 2021 (murder).
  • Ahmad denied involvement in both incidents, claiming self-defense at trial.
  • The trial judge rejected the self-defense claim and found Ahmad to be the controlling and coercive partner in both relationships.
  • Ahmad appealed the sentence, arguing the minimum term was too long, the judge erred in finding she wasn't a victim of domestic violence, insufficient allowance was made for her age at the time of the wounding, and insufficient allowance was made for totality.
  • The single judge refused leave to appeal.

Legal Principles

The appropriate starting point and range of sentences for murder and wounding with intent, considering aggravating and mitigating factors.

Sentencing Guidelines, and case law regarding totality.

The trial judge's factual findings regarding domestic violence are reviewed on appeal for irrationality, inconsistency with evidence, or contradiction by uncontradicted facts.

Case law on appellate review of trial judge findings of fact

In considering sentences for offences committed when a defendant was young, the court should consider the sentence likely at the time of the offence, and whether a long interval between offence and conviction impacts on any youth reduction.

R v Ghafoor [2001] EWCA Crim 857

Outcomes

Leave to appeal refused.

The Court of Appeal agreed with the single judge that there were no grounds for appeal. The judge's findings of fact regarding domestic violence were not irrational or unsupported by evidence. The sentence was not manifestly excessive considering the seriousness of the offences and aggravating factors.

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