R v Campbell McKeegans
[2023] EWCA Crim 912
R v Rajesh Patel
9 June 2023
[2023] EWCA Crim 911
Court of Appeal
A man was sentenced to 2 years in prison for threatening to kill and hurting his partner during a domestic argument. He appealed, saying the sentence was too harsh. The court disagreed, saying the judge was right to consider his past violence and the serious impact on his partner. The appeal was dismissed.
Key Facts
- •The appellant pleaded guilty to making a threat to kill (s.15 Offences Against the Person Act 1861) and assault occasioning actual bodily harm (s.47 Offences Against the Person Act 1861).
- •The offences stemmed from a domestic argument where the appellant assaulted the complainant, using a rubber swimming shoe as a weapon, and threatened to kill her and himself.
- •The complainant suffered significant emotional and psychological distress.
- •The appellant had a previous conviction for battery of a previous partner and other relevant offences.
Legal Principles
Sentencing for offences under sections 15 and 47 of the Offences Against the Person Act 1861.
Sentencing Guidelines for assault and threats to kill.
Aggravating factors in domestic violence cases, including abuse of trust, and the cumulative impact of abuse.
Domestic Abuse Sentencing Guideline.
Consideration of the basis of plea and the context of offending when sentencing.
N/A
Outcomes
Appeal against sentence dismissed.
The court upheld the judge's sentencing decision, finding that the starting points for both offences were not too high, the judge had properly considered the basis of plea and context, and there was no double counting of aggravating factors.