GB - Dart & Ors v R

Judgment

Sweeney J:

Introduction

On 15 March 2013, at a Plea and Case Management Hearing before Simon J in the Central Criminal Court, Richard Dart (aged 31) and his then co-defendants Jehangir Alom (now aged 28) and Imran Mahmood (now in his mid 20s) each pleaded guilty, with a Basis of Plea, to an offence of engaging in conduct in preparation for acts of terrorism, contrary to section 5(1) of the Terrorism Act 2006 (“ the 2006 Act ”). Dart’s Basis of Plea was not agreed by the prosecution, nor was Mahmood’s, but it was not considered to be necessary to determine the points at issue by the calling of evidence.

On 25 April 2013 Dart was sentenced by Simon J to an extended sentence of 11 years with a custodial term of 6 years and an extension period of 5 years; Alom was sentenced to 4 years 6 months’ imprisonment; and Mahmood was sentenced to an extended sentence of 14 years 9 months with a custodial term of 9 years 9 months and an extension period of 5 years. Dart and Mahmood were each subject to terrorist notification periods imposed pursuant to the provisions of Part 4 of the 2008 Act for 15 years, and Alom for 10 years. A deprivation order in respect of specified property was made pursuant to s.143 of the Powers of Criminal Courts (Sentencing) Act 200 (“ the 2000 Act ”), and a forfeiture order in relation to £4,800 in cash was made against Dart under the provisions of section 23A of the 2008 Act .

Dart now renews his application for leave to appeal against sentence, and for a representation order, following refusal by the Single Judge.

On 1 March 2013, at a Plea and Case Management Hearing before Wilkie J in the Crown Court at Woolwich, Zahid Iqbal (now aged 33), Mohammed Ahmed (now aged 27), Umar Arshad (now aged 26) and Syad Hussain (now aged 23) each pleaded guilty, with (in their cases) a Basis of Plea which was not contested by the prosecution, to an offence of engaging in conduct in preparation for acts of terrorism, contrary to section 5(1) of the 2006 Act .

On 18 April 2013 Iqbal was sentenced by Wilkie J to an extended sentence of 16 years 3 months with a custodial term of 11 years 3 months and an extension period of 5 years; Ahmed was also sentenced to an extended sentence of 16 years 3 months with a custodial term of 11 years 3 months and an extension period of 5 years; Arshad was sentenced to 6 years 9 months’ imprisonment; and Hussain was sentenced to 5 years 3 months’ imprisonment;. Each was subject to terrorist notification periods

Judgment

Sweeney J:

Introduction

Dart now renews his application for leave to appeal against sentence, and for a representation order, following refusal by the Single Judge.

Dart & Ors v R

Areas of Law