A senior judge has ruled a child molester was rightly given a tougher than normal sentence because his victims were Asian and so suffered more from his crimes than if they were white.
Jamal Muhammed Raheem-ul-Nasir was jailed for 7 years at Leeds Crown Court last year for sex attacks on two girls, aged nine and 14. What is the normal sentence in Britain for raping a 9-year-old? 1 year?? Obviously, this 7 years sentence is longer than whatever the standard is.
But the Muslim paedophile took the case to appeal, with his lawyers complaining that his sentence was unfairly inflated and ‘excessive’.
Senior judge Mr Justice Walker has now thrown out those arguments after hearing that the victims’ families feared they would struggle to find future husbands because of the abuse.
The move has been criticised by children’s charity the NSPCC, who insist justice should be blind to the race of victims.
Nasir, 32, was convicted of two counts of sexual assault on a child under 13 and four counts of sexual activity with a child and handed the prison term in December last year.
The judge who jailed him, Sally Cahill QC, specifically said that the fact the victims were Asian had been factored in as an ‘aggravating feature’ when passing sentence.
She stated that the victims and their families had suffered particular ‘shame’ in their communities because of what had happened to them.
Additionally there were cultural concerns that the girls’ future prospects of being regarded as a good catch for arranged marriages might be damaged.
Lawyers for Nasir, of Liversedge, West Yorkshire, argued at London’s Criminal Appeal Court that his sentence had been unfairly inflated.
But their complaints were rejected by Mr Justice Walker, who said: ‘The victims’ fathers were concerned about the future marriage prospects for their daughters.
‘Judge Cahill was having particular regard to the harm caused to the victims by this offending.
‘That harm was aggravated by the impact on the victims and their families within this particular community.’
The argument that Ul Nasir was given a longer sentence due to his own ‘ethnic and religious origin’ was based on ‘a misconception’, he added.
‘The judge who tried the case was in the best position to determine the correct sentence.’
Mr Justice Walker, sitting with Lord Justice Laws and Mr Justice Mitting, at London’s Royal Courts of Justice,, concluded: ‘There is no basis for saying that Judge Cahill adopted an incorrect starting point. This application for leave to appeal against sentence must be refused.’
But an NSPCC spokesman said: ‘British justice should operate on a level playing field and children need to be protected irrespective of cultural differences.
‘Regardless of race, religion, or gender, every child deserves the right to be safe and protected from sexual abuse, and the courts must reflect this. It is vital that those who commit these hideous crimes are punished to the full limit of the law.’
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