Key Facts
- •Appellant pleaded guilty to blackmail.
- •Blackmailed victim A for £20 initially, then £50.
- •Threatened to falsely accuse A of being a pedophile.
- •Entered A's home uninvited with another man, verbally abused him.
- •Appellant had no previous convictions but a history of drug and alcohol abuse.
- •Judge gave a 16-month sentence after considering mitigating factors and a guilty plea.
- •Appellant appealed sentence, arguing starting point was too high and sentence should have been suspended.
Legal Principles
Sentencing for blackmail considers the maximum penalty, sentencing decisions of the Court of Appeal, culpability, harm, and the purposes of sentencing.
Sentencing Guidelines
In blackmail cases, the court considers the seriousness of the threat, the amount of money involved, and the impact on the victim.
Case law analysis across MJC and O'Sullivan
When deciding on suspension of sentence, the court considers factors outlined in the Imposition Guideline, including the presence of compelling personal mitigation and the prospect of rehabilitation.
Imposition Guideline
Outcomes
Appeal dismissed.
The court found the judge's starting point for sentencing was not manifestly excessive, considering the severity of the threats made and the appellant's actions. The judge appropriately considered mitigating factors and the Imposition Guideline before deciding against suspending the sentence.