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Court of Appeal quashes sentence and substitutes more lenient sentence for offences arising out of one incident, finding that the headline sentence for making a threat to kill was excessive in all the circumstances where the threat was not of the most egregious kind, notwithstanding that the appellant had previous relevant convictions and was on bail when the offences occurred.
Offences: assault causing harm contrary to s. 3 and threatening to kill contrary to s. 5 of the Non-Fatal Offences Against the Person Act 1997 and production of an article capable of inflicting serious injury contrary to s. 11 of the Firearms and Offence Weapons Act 1990
Original sentence: four years and six months with six months suspended (appeals of sentences for District Court offences also before the sentencing court and these were suspended in full applying the principle of totality)
Appeal by: defence, on the ground that headline sentence nominated for the offence of making a threat to kill was excessive
Outcome: new sentence of four years with six months suspended (overall sentence would have been three years, was it not for the fact that the District Court sentences should properly have been made consecutive to this sentence)
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