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The Court of Appeal dismissed an appeal against sentence severity by a prisoner convicted of harassment, threats to kill, and unauthorised possession of a mobile phone while in custody, all targeting legal professionals and the original victim involved in his rape trial. The court reaffirmed the Circuit Criminal Court's decision to impose consecutive sentences amounting to 16 years' imprisonment (to run after an existing 19-year sentence), finding that the sentencing judge correctly assessed the gravity of the offending, the absence of any mitigating factors, and the need for protection of the justice system itself. The appeal based on alleged failure to apply the totality principle, lack of consideration for rehabilitation, and improper regard to courtroom conduct was rejected, as the court held the cumulative sentence to be proportionate given the egregious, deliberate, and re-victimising conduct, all aggravated by a lengthy and serious prior criminal record.
sentence severity appeal – harassment – threats to kill – unauthorised possession of a mobile telecommunications device – prisoner – totality principle – proportionality – absence of mitigation – administration of justice – re-victimisation – criminal record – Circuit Criminal Court – Court of Appeal – section 13 Criminal Law Act 1976 – Non-Fatal Offences Against the Person Act 1997 – Prisons Act 2007
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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