Law and Rights
There will not be too much public sympathy for Yusuf Sarwar and Mohammed Ahmed who were recently sentenced to a custodial term of 12 years 8 months for Preparation of Terrorist acts - Terrorism Act 2006 section 5. Under this extended sentence (Criminal Justice Act 2003 section 226A*) there is a custodial term and, thereafter, an extension period during which time the offender is on licence. The extension period here is 5 years. One aspect of an extended sentence is that the the court must 'consider that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences.'
I have not been able to find publication of the sentencing remarks of His Honour Judge Topolski QC who sentenced the men at the Crown Court sitting at Woolwich. It is a pity that sentencing remarks are not readily available and that we are in the position of having to rely on media reports. Clearly, from the fact of an extended sentence, prime concerns of Judge Topolski would have been deterrence and prevention of further offending. The whole purpose of the extension period is to give further protection to the public from serious harm occasioned by the commission by the defendant of further 'specified' offences.
Here are three reports offering details of the case: The Guardian 5th December 2014; BBC 7th December; Birmingham Mail 9th July 2014.
It is to be noted that the men entered guilty pleas in July 2014. Yusuf Sarwar's mother had reported to the Police her concerns about her son. The judge commented about her 'extraordinarily brave conduct.' However, Mrs Sarwar now feels very 'let down' by the length of the sentence imposed and says that it is unlikely that other parents will report similar concerns. Regrettably, on that she may well be proved to be right.
According to this Guardian report - Mrs Sarwar said:
?The police say ?mothers come forward?, you can trust us, we will help. But now they will see what happened to my son. What kind of person would go to the police if they think their son will get 12 years in prison? Nobody wants to do that. I did not want that.?
Mrs Sarwar also pointed to the sentence handed down last month to British soldier Ryan McGee, from Greater Manchester, an English Defence League supporter, convicted of making bombs filled with shrapnel. McGee was in possession of knives, axes and imitation guns; he was sent to prison for two years.
The family had been told that Yusuf, whose grandfather served with the British army, might expect a similar kind of sentence after their pleas of guilty.
Whether the Court of Appeal (Criminal Division) will come to consider this sentence remains to be seen. In the event of an appeal, it will be interesting to see the weight (if any) given by the court to the conduct of the mother in reporting this to the authorities.
Footnote:
* CJA 2003 s226A was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 section 124 which came into force on 3rd December 2012. 226A replaces the extended sentence provided for by CJA 2003 s227.
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Law and Rights
Was this entirely right? A mother's dilemma.
I have not been able to find publication of the sentencing remarks of His Honour Judge Topolski QC who sentenced the men at the Crown Court sitting at Woolwich. It is a pity that sentencing remarks are not readily available and that we are in the position of having to rely on media reports. Clearly, from the fact of an extended sentence, prime concerns of Judge Topolski would have been deterrence and prevention of further offending. The whole purpose of the extension period is to give further protection to the public from serious harm occasioned by the commission by the defendant of further 'specified' offences.
Here are three reports offering details of the case: The Guardian 5th December 2014; BBC 7th December; Birmingham Mail 9th July 2014.
It is to be noted that the men entered guilty pleas in July 2014. Yusuf Sarwar's mother had reported to the Police her concerns about her son. The judge commented about her 'extraordinarily brave conduct.' However, Mrs Sarwar now feels very 'let down' by the length of the sentence imposed and says that it is unlikely that other parents will report similar concerns. Regrettably, on that she may well be proved to be right.
According to this Guardian report - Mrs Sarwar said:
?The police say ?mothers come forward?, you can trust us, we will help. But now they will see what happened to my son. What kind of person would go to the police if they think their son will get 12 years in prison? Nobody wants to do that. I did not want that.?
Mrs Sarwar also pointed to the sentence handed down last month to British soldier Ryan McGee, from Greater Manchester, an English Defence League supporter, convicted of making bombs filled with shrapnel. McGee was in possession of knives, axes and imitation guns; he was sent to prison for two years.
The family had been told that Yusuf, whose grandfather served with the British army, might expect a similar kind of sentence after their pleas of guilty.
Whether the Court of Appeal (Criminal Division) will come to consider this sentence remains to be seen. In the event of an appeal, it will be interesting to see the weight (if any) given by the court to the conduct of the mother in reporting this to the authorities.
Footnote:
* CJA 2003 s226A was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 section 124 which came into force on 3rd December 2012. 226A replaces the extended sentence provided for by CJA 2003 s227.
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- Rolf Harris ... Historic Sexual Offences
The famous celebrity Rolf Harris - now aged 84 - has been convicted in the Crown Court at Southwark (Mr Justice Sweeney and a jury) of 12 counts of indecent assault committed in the period 1968 to 1986 - see BBC News 30th June 2014 - Rolf Harris: the...
- R V Stuart Hall ~ Sentencing
Update 16th December 2015 - Stuart Hall has been released from prison. He has served half his 30 month sentence and will be on licence for the remainder - BBC 16th December 2015. Update 11th July 2013 - the Attorney-General has referred...
- Just Wondering ... Sentencing Of Justin Lee Collins
The Guardian asked - "Why did Justin Lee Collins get such a lenient sentence?" Justin Lee Collins - a comedian and TV presenter - was sentenced to 140 hours unpaid work in respect of an offence involving harassment of Anna Larke with...
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Deterrence is aimed at dissuading the individual from re-offending (sometimes referred to as particular deterrence) as well as dissuading others from offending (general deterrence). Whilst there is widespread belief that deterrence (in either sense) works,...