Ali & Ghafoor, Sentencing Remarks 9 August 2024

In Ali & Ghafoor, Sentencing Remarks 9 August 2024, the sentencing judge imposed 20 months’ imprisonment on Sameer Ali and a total of two and a half years on Adnan Ghafoor for affray committed in Leeds on 3 August 2024 during the nationwide disorder that followed the deaths of three girls in Southport, including 12 months consecutive for Ghafoor’s breach of a suspended sentence order.

Both defendants were committed for sentence having pleaded guilty to affray. The judge set the offending in the context of civil unrest in many parts of the country, and observed that the freedoms to protest and to speak have limits, that a protest becomes unlawful when it moves towards violence, and that the law applies equally to everyone regardless of colour, race, religion or political persuasion.

On 3 August there were two demonstrations outside the Art Gallery on the Headrow in Leeds, one against immigration and one against racism. The defendants attended the second. Afterwards, in a group of around 15, they walked along Great George Street and met four white men who had been protesting against immigration, two wearing Union Flags. Something was said between the groups; it was unclear who spoke first, and the judge accepted that Ghafoor might have been racially abused. Violence then broke out, started by the defendants’ group, lasting about 30 seconds and captured on CCTV, involving punches and kicks, with a missile thrown towards the men and towards a bar from which people watched.

Ali was the second person into the attack. He threw full force punches at one man, crossed the road and punched a second, attacked a third being held by others, then returned to punch the second man to the ground and kick him. He then kicked another man lying on the ground before being pulled away by a member of his own group, and left laughing and congratulating himself and others. Ghafoor ran across the road to join in, aimed punches at the head and body of a man being restrained by others, and left waving at the other group, inviting further confrontation. Both surrendered to police two days later and made no comment in interview.

Ali was 21 and had no previous convictions. Ghafoor was 31, with a 2015 conviction for racially or religiously aggravated common assault and causing fear or provocation of violence, and had received a suspended sentence of 20 months on 10 April 2024 for dangerous driving and driving while disqualified, which he had now breached.

The judge placed Ali in culpability category A, on the basis of targeting of individuals by a group, use of a weapon (a shod foot) and serious violence, and in harm category 1, given the serious fear and distress caused to onlookers and the fact that one man suffered two broken teeth. Ghafoor fell into the same categories because, although his role was slightly reduced, he acted in concert with the group and was jointly responsible. The starting point for category 1A was 2 years’ custody, with a range of 18 months to two years nine months. Aggravating factors were the busy public location, Ali’s leading role in a group activity, and the number of people affected, and the background of serious public disorder justified an upward adjustment. Both received full credit of one third for their pleas. The weight to be given to Ali’s previous good character, his age and his references was limited by the need for punishment and deterrence. For Ghafoor the judge applied the principle of totality, did not double count the breach, and took into account that he had completed a third of the hours ordered.

Ali received 20 months’ imprisonment. Ghafoor received 18 months for the affray and 12 months consecutive for the breach of the suspended sentence order, a total of two and a half years. The victim surcharge was applied and a collection order made.