R v Nicholas Ikunnah
[2024] EWCA Crim 40
R v Nabeel Shah
18 January 2024
[2024] EWCA Crim 50
Court of Appeal
A man was sentenced to 3 years in prison for harassing his ex-girlfriend, including sending her abusive messages and private photos. He appealed, but the court agreed that the punishment was fair even though the judge made some mistakes in how he calculated the sentence.
Key Facts
- •Nabeel Shah (appellant) pleaded guilty to stalking causing serious alarm or distress (Count 1), disclosing private sexual photographs (Count 2), and criminal damage (Count 3).
- •Offenses were against his former partner, 'A'.
- •Sentenced to 3 years imprisonment: 18 months for Count 1, 9 months consecutive for Count 2, and 9 months consecutive for Count 3.
- •Appellant appealed against sentence.
- •Counts 1 and 2 involved a prolonged campaign of harassment, including abusive messages, calls, and distribution of private sexual images.
- •Count 3 involved significant criminal damage to A's car (£8,600).
Legal Principles
Sentencing guidelines for intimidatory offences (Count 1) and disclosing private sexual photographs (Count 2).
Definitive Guideline for Intimidatory Offences, and relevant legislation.
Credit for guilty pleas.
Not specified in the document, but implicit in sentencing.
Totality principle in sentencing.
R v Bailey & Ors [2020] EWCA Crim 1719
Consideration of aggravating and mitigating factors in sentencing.
Not explicitly sourced, but inherent in sentencing practices.
Outcomes
Appeal dismissed.
The court found the judge's sentencing approach, while potentially flawed in some aspects, ultimately resulted in a just and proportionate overall sentence considering the seriousness of the offences and totality principle. Although the judge may not have fully considered the cumulative effect of the offences on count 2, the overall sentence was not deemed disproportionate.