R v Rajesh Patel
[2023] EWCA Crim 911
R v Campbell McKeegans
7 June 2023
[2023] EWCA Crim 912
Court of Appeal
A young man threatened to kill someone while forcing them to hide drugs in their body. He was given a 26-month sentence. The judge considered his difficult past but also the serious threat he made. The appeal court agreed with the sentence.
Key Facts
- •Appellant pleaded guilty to making a threat to kill (s.16 Offences Against the Person Act 1861).
- •Offence involved a 5-minute video showing the appellant threatening to kill the complainant who was struggling to remove drugs the appellant had forced him to insert into his anus.
- •Appellant was 10 days short of his 18th birthday at the time of the offence.
- •Appellant had 15 previous convictions for 44 offences.
- •Sentencing judge initially imposed a 26-month sentence, reduced from 39 months after a one-third discount for a guilty plea.
- •The judge categorised the offence as A1, considering the significant distress caused to the complainant and the presence of a weapon (machete).
Legal Principles
Sentencing Guidelines for threats to kill.
Sentencing Council Guideline
Sentencing of Children and Young Persons.
Sentencing Council's guidance on Sentencing Children and Young Persons
Principle of totality in sentencing.
Not explicitly cited, but discussed in relation to the appellant's existing sentence for a drugs offence.
Outcomes
Appeal dismissed.
The court upheld the sentencing judge's categorisation of the offence as A1, finding the distress caused to the complainant was significant and justified the higher category. The discount for youth was deemed appropriate, and the principle of totality was considered. The overall sentence was not considered wrong in principle or manifestly excessive.