{"id":668307,"date":"2026-04-24T04:36:59","date_gmt":"2026-04-24T02:36:59","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/regina-v-khalid-yusuf\/"},"modified":"2026-04-24T04:36:59","modified_gmt":"2026-04-24T02:36:59","slug":"regina-v-khalid-yusuf","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/regina-v-khalid-yusuf\/","title":{"rendered":"REGINA v KHALID YUSUF"},"content":{"rendered":"
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MR JUSTICE TURNER: 1 The applicant in this case was charged on counts contained upon the indictments: T202117094, T20217151 and T20217055. For ease of reference, we will refer to these as the first, second and third indictments, respectively. 2 On 1\u00a0September\u00a02021 in the Crown Court at Wood Green the\u00a0applicant (then aged 25) pleaded guilty to an\u00a0offence of blackmail on the first indictment. On 10\u00a0September\u00a02021 in the Crown Court at Harrow he pleaded guilty to an offence of robbery on the second indictment and guilty on re-arraignment to a\u00a0further offence of robbery under the\u00a0third indictment. 3 On 3\u00a0November\u00a02021 the\u00a0applicant was sentenced to an extended sentence of 12 years, comprising a\u00a0seven-year custodial term and an extended licence period of five years in respect of the robbery count on the third indictment. For the offence of robbery under the\u00a0second indictment, he was sentenced to six\u00a0years and nine\u00a0months' imprisonment to run concurrently. For the offence of blackmail on the first indictment he was sentenced to three\u00a0years' imprisonment, also to run concurrently. Accordingly, the\u00a0total sentence was an\u00a0extended sentence of 12\u00a0years comprising a\u00a0seven-year custodial term and an\u00a0extended licence period of five years. 4 He renews his application for leave to appeal against his sentence following refusal by the\u00a0single judge. The\u00a0Facts The\u00a0First Indictment 5 At around midnight on 23\u00a0November\u00a02020 the\u00a0complainant, one David\u00a0Jareno, was walking along Kilburn\u00a0High\u00a0Road. The\u00a0applicant approached him and offered to sell him drugs. Jareno refused and walked away. Undeterred and shortly after, the applicant approached the\u00a0complainant again offering drugs, but this time asking also where he was going. The complainant said he was checking the\u00a0Grindr App, which is a\u00a0social networking application for members of the gay community. The\u00a0applicant asked him if he was gay and the complainant confirmed that he was. The applicant then asked if the complainant wanted to have some fun, to which the\u00a0complainant then agreed. The\u00a0complainant offered to perform oral sex on the\u00a0applicant, who accepted the\u00a0invitation. They started to walk towards a\u00a0quiet area and the applicant asked the\u00a0complainant for money and the complainant refused. When they arrived, the\u00a0applicant began to undo his trousers, but the\u00a0complainant changed his mind and told him that he was going to leave. The\u00a0applicant again asked for money, suggesting that the complainant should go to an ATM to get him some. The\u00a0complainant again refused and went home. 6 The\u00a0following day the\u00a0complainant was out walking in the\u00a0same area. He saw the\u00a0applicant again. The\u00a0applicant asked for some money for food and again asked if the complainant wanted to have sex. The\u00a0complainant said that he did not want to have sex, but he would buy him some food. He later changed his mind and said that he would perform oral sex on the applicant and they agreed to go somewhere to do that. The\u00a0complainant asked the\u00a0applicant how old he was and the applicant said he was 24, which was true. They went to the\u00a0ATM together to get cash and then went to the\u00a0complainant's flat at around half eight in the\u00a0evening. Whilst there, the complainant overheard the\u00a0applicant talking on his telephone to somebody saying something along the\u00a0lines of, "I\u00a0will get the\u00a0money. I\u00a0will buy it for you." The complainant then went on to perform oral sex upon the applicant. Afterwards, the applicant told the\u00a0complainant, untruthfully, that he was only 16\u00a0years old and that therefore what had happened was rape and he was going to call the\u00a0police and the complainant could get sent to prison for a\u00a0long time. The\u00a0complainant asked the applicant what he wanted him to do. The applicant said he wanted money, so they went to a\u00a0cash machine. The\u00a0complainant withdrew one hundred pounds, gave it to the\u00a0applicant and told the\u00a0applicant not to approach him again. 7 However, the\u00a0applicant did approach him the\u00a0next day. The\u00a0complainant was at home in his flat in the\u00a0early evening when the downstairs doorbell rang. He answered and heard a male voice accusing him of raping his friend and telling him to open the door. The person ringing the bell was able to get to the\u00a0complainant's front door and the complainant saw that it was actually the applicant. The\u00a0applicant told the\u00a0complainant that he had his father on the telephone who wanted to speakhim. The complainant left the flat and\u00a0spoke to the\u00a0man on the telephone who told him that the applicant was not even 16 yet and that he was going to call the police, but then said there is another way to sort things out. It was agreed that he would come and meet them both. Whilst they were waiting, the\u00a0applicant told the\u00a0complainant he did not want his father to come as he would hurt the complainant because he had knife and would kill him. He told the\u00a0complainant that if he would give him some money he would leave and not return. They went to the\u00a0cash machine again together and the complainant withdrew this time \u00a3250 which he gave to the\u00a0applicant. The\u00a0applicant got a\u00a0taxi and left. The\u00a0complainant, however, then reported the\u00a0matter to the\u00a0police. 8 On 26\u00a0November the\u00a0complainant was at home again in the\u00a0afternoon. The\u00a0doorbell rang and he heard banging on his own front door. He could hear the\u00a0applicant demanding the\u00a0door be opened. The complainant was scared and called the\u00a0police. Fortunately, the police happened to be on their way to the address to take a further statement relating to the matters that had occurred on the previous day. When they arrived they found the\u00a0applicant on the floor above and arrested him. 9 The applicant made no comment in interview. 10 Having been released under police investigation between 1 and 2\u00a0March, the\u00a0applicant committed two further robberies. He was on bail for the first robbery at the time of the\u00a0second. The Second Indictment 11 At about 7 o'clock in the morning on 1\u00a0March\u00a02021 the complainant Naima Bouchetta (aged 55) was walking along Camden High Street. She walked past the applicant who was sitting at a bus stop looking at her. Moments later he came up behind her and grabbed her bag which was over her shoulder. He pulled it hard three or four times. The\u00a0complainant screamed at him. Being the\u00a0stronger of the two, the applicant managed to take the\u00a0bag and the complainant nearly fell over. The\u00a0applicant ran off with the bag. Moments later he returned and the\u00a0complainant asked where the bag was. He said \u201cCome with me and I\u00a0will show\u201d. She refused to go and noticed that he was looking at her necklace and other jewellery. She walked away and called the\u00a0police. 12 When the police arrived, the complainant pointed out the\u00a0applicant who was still nearby. He went to look for the\u00a0bag and found it on the\u00a0street. Nothing was missing. The\u00a0applicant was arrested and denied the\u00a0robbery in interview, saying it was probably carried out by somebody that looked like him. The\u00a0Third Indictment 13 At approximately 8.45 on the morning of 2\u00a0March\u00a02021 the\u00a0applicant robbed the complainant Hamdi Mohammed (aged 36) who was leaving her flat in Kilburn to go to work. As she entered the\u00a0lift, the\u00a0applicant followed her and began to talk to her, telling her that he was a\u00a0lawyer and could help her. As they reached the\u00a0ground floor, the\u00a0applicant said, "Help me. Give me some money". The complainant said that she could not help him. As the lift doors opened, the applicant grabbed hold of one of the straps of a bag that the complainant was carrying on her shoulder. He pulled the strap, causing her to fall out of the\u00a0lift and catch herself with her hand. The applicant put the\u00a0bag over his own shoulder. He kicked the\u00a0complainant in the\u00a0head while she was still on the\u00a0ground and kicked her in the\u00a0stomach. She screamed for help. The\u00a0bag then fell from the applicant's shoulder. The complainant grabbed hold of it. There followed a\u00a0struggle between them, because the\u00a0applicant still had hold of the bag, and he dragged the complainant along the floor for about three metres before she let go of it. The\u00a0applicant ran out into the street and the complainant followed him shouting for help. 14 A\u00a0parent outside the\u00a0nearby school called the\u00a0police. The\u00a0applicant ran away, dropping the\u00a0bag and throwing the\u00a0contents on the floor. When the bag was returned to his victim \u00a370\u00a0was missing and one of the straps was broken. Parents outside the\u00a0school confronted the applicant and followed him. He told one them: "This is what I\u00a0do. I'm done with her now. I'll\u00a0go rob somebody else. I'm\u00a0not crazy. I\u00a0know what I'm\u00a0doing." 15 When a parent started recording him on their mobile phone, he told them that he was in gang. The\u00a0parents followed him until the\u00a0police arrived. When the police stopped the\u00a0applicant, he told him he was on bail for the offence from the previous day. He said that the woman had accused him of robbery because he had resisted her attempts to have sex with him. He also said that he was a king, a\u00a0lawyer and a\u00a0police officer. He made no comment in interview. The\u00a0complainant suffered a small graze to the knee from when he dragged her on the floor, a\u00a0very tender stomach, a\u00a0sore head and a\u00a0headache. Antecedents 16 The\u00a0applicant had 11 convictions for 19 offences between 14\u00a0April\u00a02014 and 11\u00a0January\u00a02021. These included attempted robbery, for which he received a\u00a0referral order in 2014 and robbery, for which\u00a0he had received a\u00a0suspended sentence order in 2015. He was later resentenced to immediate custody following breach of that order. He had also served custodial terms for other offences, including possession of Class A controlled drugs with intent to supply and assault occasioning actual bodily harm. Most recently, on 22 February 2021, he had received a\u00a0community order with mental health and rehabilitation activity requirements for an offence of criminal damage. 17 The\u00a0judge approached the\u00a0task of sentencing by taking the\u00a0robbery offence in the third indictment as the\u00a0lead offence under which he would pass an\u00a0aggregate sentence reflecting everything, including the\u00a0blackmail, whilst bearing in mind the\u00a0principle of totality. 18 There were two grounds of appeal. Firstly, the\u00a0increase to seven years from the starting point was excessive for the additional criminality relating to the robbery on 1\u00a0March and the blackmail. Secondly, the judge did not seem to give any discount for the personal mitigation of the applicant, in particular his mental health issues, or discount for the mitigation pertaining to the\u00a0initial offences. 19 In refusing leave the\u00a0single judge observed: "The sentencing judge decided to take one of the robberies as the lead offence and to pass a sentence that reflected all the offences, making the other sentences concurrent. There is, and could be, no complaint about that approach. He concluded that each of the robberies fell into Category 2B in the sentencing guidelines. Again, this gives rise to no complaint. That gave a starting point of 4 years and a range of 3-6 years for each offence. Taking account of both offences and the fact that these were your third and fourth convictions for robbery offences, the judge considered that a sentence at the top of the range (before credit for plea) would have been appropriate. He found that you were dangerous and decided that it was necessary to pass an extended sentence. No complaint is made about that. The judge indicated that he would usually have imposed a consecutive sentence for the blackmail offence. However, as he was passing an extended sentence, he aggregated the sentence to arrive at a custodial term of 7 years. It is acknowledged on your behalf that the sentence for the blackmail offence was of an appropriate length. It appears that he made the concurrent sentence on the other robbery slightly shorter to reflect slightly different credit for your guilty pleas that each offence attracted. The judge did take account of your mitigation. While you do have a long history of mental health problems, these were compounded by antisocial personality traits and substance abuse. Your compliance with treatment was poor even when in prison. The question is whether it is arguable that your sentence was manifestly excessive having regard to the totality of your offending, the available mitigation and the credit you were entitled to for pleading guilty. In all the circumstances, I do not consider that this is arguable. It is notable that the medical report indicated that your drug-seeking behaviour increased as your mental state had improved. At the time of the offences, you were taking large amounts of crack cocaine. In the end, the question is whether it is arguable that your sentence was manifestly excessive having regard to the totality of your offending, the available mitigation and the credit you were entitled to for pleading guilty. In all the circumstances, I do not consider that this is arguable.\u201d 20 We agree. The sentenced passed by the judge was neither wrong in principle nor manifestly excessive for the reasons given by the single judge and this application is refused. ______________<\/p>\n<\/div>\n

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Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

MR JUSTICE TURNER: 1 The applicant in this case was charged on counts contained upon the indictments: T202117094, T20217151 and T20217055. For ease of reference, we will refer to these as the first, second and third indictments, respectively. 2 On 1 September 2021 in the Crown Court at Wood Green the applicant (then aged 25) pleaded guilty to an offence…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[8238],"kji_chamber":[],"kji_year":[32183],"kji_subject":[7612],"kji_keyword":[7875,8239,7925,19287,8348],"kji_language":[7611],"class_list":["post-668307","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-court-of-appeal-criminal-division","kji_year-32183","kji_subject-fiscal","kji_keyword-applicant","kji_keyword-complainant","kji_keyword-offence","kji_keyword-robbery","kji_keyword-sentence","kji_language-anglais"],"yoast_head":"\nREGINA v KHALID YUSUF - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/ru\/jurisprudences\/regina-v-khalid-yusuf\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"REGINA v KHALID YUSUF\" \/>\n<meta property=\"og:description\" content=\"MR JUSTICE TURNER: 1 The applicant in this case was charged on counts contained upon the indictments: T202117094, T20217151 and T20217055. 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