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The Following Proceedings Concerns the Respondent Form

The Following Proceedings Concerns the Respondent Form

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yes lord we're very grateful indeed to the court for assisting us with the link for the um of the hearing is all i can say but please proceed i'm sorry it's only available for an hour well that's very unfortunate yes uh lord i was indicating that the um there is no dispute between the parties as to the tests that this court should apply um it was set out in the case of hussein and vaswami where i think a lord justice arnold dave judgment to page 200 the relevant passages of page 239 of the um yeah i'll read from uh paragraph 50 mr hussein's advocate did not submit that judge lethal had made an error or a principle or taken into account immaterial factors or failed to take into account material ones he submitted the sentence was outside the range of decisions reasonably open to the judge accepted that this test was essentially the same test as the manifestly excessive test applied by the court of appeal criminal division to criminal senten

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