*Attorney General's Reference (No 323/2016); R v Abdallah and another; R v Khan and another; R v Shaukat and another

Sentence – Terrorism. The Court of Appeal, Criminal Division, held that the guidance provided in relation to the sentencing of those convicted of offences under s 5 of the Terrorism Act 2006, contained in R v Kahar; R v Ziamani and others ([2016] All ER (D) 136 (May)) (Kahar), continued to apply pending the issue of guidelines by the Sentencing Council. Two further matters of general application were also decided. First, counsels' attempts to contrast the facts in Kahar and other cases, as part of a submission that the present offending fell into a less serious category, was a misconceived argument and should not be attempted. Second, although the territorial scope of the phrase 'members of the public', under s 226A(1)(b) of the Criminal Justice Act 2003, was not expressly defined, it had to be intended to include the public in other countries.

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