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Court of Appeal dismisses appeal against conviction and sentence for three counts of making a threat to kill or cause serious harm, on the grounds that: (a) the trial judge addressed the issue of intention in very clear terms, and the questions raised by the jury did not give rise to a concern of a lack of understanding of that issue; (b) the trial judge did not err in refusing to give a direction as the inconsistencies in the injured party's testimony were issues quintessentially for a jury; and (c) there was no error of principle in the sentence where the sentencing judge considered the evidence, the reports submitted and the submissions made, properly identified the aggravating factor as being that of racially motivated comments, and carefully considered the mitigating factor present.
Appeal against conviction and sentence - appellant found guilty of three counts of making a threat to kill or cause serious harm contrary to s. 5 of the Non-Fatal Offences Against the Person Act 1997 - two and a half years' imprisonment - appellant had made threats to someone living in the same sublet property - threats accompanied by racially abusive language - whether trial judge failed to charge the jury properly in relation to mens rea and the issue of intention - whether trial judge erred in acceding to a defence application to withdraw the case from the jury - whether headline sentence too high - whether sentencing judge failed to have regard to appellant's mental health difficulties as a mitigating factor.
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