Seccombe, R v, Court of Appeal - Criminal Division, September 04, 2018, [2018] EWCA Crim 2017

Resolution Date:September 04, 2018
Issuing Organization:Criminal Division
Actores:Seccombe, R v
 
FREE EXCERPT

9

Neutral Citation Number: [2018] EWCA Crim 2017

Case No: 201802792/A4

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Date: Tuesday, 4 September, 2018

B e f o r e:

LORD JUSTICE McCOMBE

MR JUSTICE HOLGATE

MRS JUSTICE O'FARRELL DBE

- - - - - - - - - - - - - - - - - - - - -

R E G I N A

v

SHELBIE SECCOMBE

- - - - - - - - - - - - - - - - - - - - -

Computer Aided Transcript of the Stenograph Notes of Epiq Europe Ltd 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400 Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)

- - - - - - - - - - - - - - - - - - - - -

Mr H Salmann appeared on behalf of the Appellant

- - - - - - - - - - - - - - - - - - - - -

J U D G M E N T WARNING: Reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.

MR JUSTICE HOLGATE: On 20 April 2018 in the Crown Court at Cardiff before Her Honour Judge Tracey Lloyd-Clarke, the appellant pleaded guilty to a conspiracy to pervert the course of justice, contrary to section 1(1) of the Criminal Law Act 1977 (count 1 on the indictment). There was no basis of plea. On 4 July the judge sentenced the appellant to 10 months' imprisonment. She appeals against sentence with the leave of the single judge.

In summary the particulars of count 1 were that Nozumul Ali, Fatiha Begum, Essac Ali and the appellant between 31 January 2016 and 1 April 2017 conspired to give false information to the police in respect of proceedings under the Proceeds of Crime Act 2002 ("POCA 2002") about the ownership of an Alfa Romeo car FJ13 UXG with intent to pervert the course of justice. Nozumul Ali and Ms Begum were also charged with a second conspiracy to pervert the course of justice by giving false information to the police in respect of POCA 2002 proceedings about transactions in bank accounts controlled by Begum.

The appellant has been in a relationship with Essac Ali. He is the father of her two children now aged just over five years and 10 months respectively. Nozumul Ali is the brother of Essac and Fatiha Begum is one of their sisters.

Essac Ali and Nozumul Ali had previously been convicted of offences of supplying both heroin and cocaine. They had served terms of imprisonment and had been the subject of confiscation orders. For example, in August 2009 Nozumul Ali had been sentenced to 7 years 8 months' imprisonment for conspiracy to supply heroin and cocaine. In March 2013 the appellant's partner Essac had Been sentenced to imprisonment for 6 years 6 months for possession of heroin and cocaine with intent to supply.

On 10 February 2016 a search warrant was executed at two addresses in Cardiff which resulted in the arrests of Nozumul Ali, Fatiha Begum and Essac Ali. Nozumul Ali was remanded into custody to await trial. On 3 May 2016 Nozumul Ali and Fatiha Begum pleaded guilty to a conspiracy to supply class A drugs, crack cocaine and heroin. The prosecution did not proceed against their brother Essac. In October 2016, Nozumul Ali was sentenced to 8 years' imprisonment and Ms Begum to a suspended sentence order for a term of 2 years. Confiscation proceedings under POCA 2002 against these two offenders were begun.

On 13 June 2016 a...

To continue reading

REQUEST YOUR TRIAL