R v Campbell McKeegans
[2023] EWCA Crim 912
R v Arthur McDonagh
22 June 2023
[2023] EWCA Crim 778
Court of Appeal
A man threatened a gas engineer with an axe after a payment dispute. He got a suspended prison sentence, and the court decided that the punishment was fair.
Key Facts
- •Arthur McDonagh (37) pleaded guilty to using threatening and abusive words/behaviour with intent to cause fear of violence (Public Order Act 1986, section 4).
- •McDonagh refused to pay a gas engineer, Mr. Dizaei, £95 for work completed.
- •After failed attempts to receive payment, Mr. Dizaei visited McDonagh's home, resulting in a confrontation.
- •McDonagh became aggressive, called Mr. Dizaei names, threw his gas safety card on the floor, and retrieved an axe.
- •McDonagh chased Mr. Dizaei from his property, waving the axe and threatening him.
- •Mr. Dizaei filmed parts of the incident and reported it to the police.
- •McDonagh denied threatening behaviour and axe possession during his interview.
- •The initial charge of racially aggravated behaviour was reduced.
- •The judge sentenced McDonagh to two months' imprisonment, suspended for 12 months, with compensation and costs.
Legal Principles
Sentencing guidelines for offences under Section 4 of the Public Order Act 1986.
Sentencing Council guidelines
Determination of culpability and harm categories for sentencing.
Sentencing Council guidelines
Considerations for reduction in sentence for a guilty plea.
Not explicitly stated, but inferred from the court's discussion of the 10% reduction for a guilty plea.
Outcomes
Appeal against sentence refused.
The sentence of two months' imprisonment suspended for 12 months was deemed proportionate and justified, given the seriousness of the offence (threatening with an axe), even considering a reduction for the guilty plea.