MRS JUSTICE THORNTON :
On 22 August 2011 at the Central Criminal Court, the applicant was convicted of murder and subsequently sentenced to imprisonment for life with a minimum term of 24 years less time served on remand. An application for leave to appeal against conviction was heard by the Full Court on 13 November 2022 and was refused ( R v Wahid [2012] EWCA Crim 2691 ).
The applicant renews his application for an extension of time of 4658 days in which to apply for leave to appeal against sentence after refusal by the Single Judge. The facts are set out in the note produced by the Criminal Appeal Office, and it is not necessary for us to repeat them.
The grounds of appeal are that the minimum term should be reduced to reflect the good behaviour of the applicant. The applicant has served 14 years of the minimum term. His Article 8 rights have been detrimentally impacted by the length of sentence.
"You were sentenced to life imprisonment with a minimum term to be served of 24 years less time served on remand for the murder of Fatima Kama. This Court can only interfere with a sentence if it is manifestly excessive or otherwise wrong in principle or law.
You suggest that your minimum term should be reduced because of your good behaviour and because it in some way breaches article 8 of the European Convention on Human Rights.
However, (i) in sentencing you, the Judge took into account your mitigation including your previous good character, (ii) insofar as you have behaved well in prison, that is commendable and something which the Parole Board can take into account when considering your release after you have served the minimum term, but it is not a ground of appeal, and (iii) the sentence, which allows you to seek parole after you have served the minimum term, is not arguably in breach of your human rights. Your grounds are wholly without merit.
In sentencing you, the Judge took the somewhat generous starting point of 15 years, and expressly took into account your mitigation...before also taking into account the severely aggravating factors: the infliction of significant physical suffering before death, your intent to kill, your callous concealment of the victim’s body and the steps you took to avoid conviction. In all the circumstances, the minimum term imposed is not arguably manifestly excessive or otherwise wrong in principle or law.
Your appeal is well over 10 years late, and you have given no sensible reason for the delay. That in itself would be sufficient to refuse your applications. However, given my view on the merits of your appeal, I simply refuse all your applications on the merits."
We agree with the reasons given by the Single Judge and have nothing further to add. The application is refused.
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