Sentence of Imprisonment for Public Protection quashed by Court of Appeal in R v Mohammed Hanif Khan

Wednesday 10 October 2012

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David Emanuel has successfully argued that an IPP sentence imposed on an appellant for offences of rape and unlawful sexual activity with a child was wrongly imposed.

The high profile case of R v Mohammed Hanif Khan concerned the sentence of an imam at a Mosque in Stoke who had been convicted of sexual abuse against two young males who attended the mosque.

The Court of Appeal agreed with the submission that in some cases where sexual offenders continue to deny their guilt they will never be suitable for rehabilitation courses and as such will remain stuck in the system with no prospect of ever being released.

As such the court quashed the indeterminate sentence and replaced it with an extended sentence.

David Emanuel a member of Garden Court Chambers Crime Team and specialises in appellate work.


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