Key Facts
- •Norbert Stari was convicted of controlling or coercive behaviour in an intimate or family relationship, contrary to section 76 of the Serious Crime Act 2015.
- •The offence involved conduct both in the UK and Serbia.
- •The controlling behaviour included withholding children's passports, leading to the family being stranded in Serbia.
- •The applicant appealed against conviction and sentence, arguing lack of jurisdiction for the Serbian elements of the offence.
- •The prosecution argued that a substantial measure of the offence occurred within the UK jurisdiction.
Legal Principles
Sexual Offences (Amendment) Act 1992: Reporting restrictions apply to protect victim identity in sexual offences.
Sexual Offences (Amendment) Act 1992
Serious Crime Act 2015, section 76: Defines controlling or coercive behaviour in an intimate or family relationship.
Serious Crime Act 2015
Domestic Abuse Act 2021, section 74 and schedule 3: Extends jurisdiction for controlling or coercive behaviour to acts outside the UK (but not applicable in this case).
Domestic Abuse Act 2021
Crown Court jurisdiction: The Crown Court has jurisdiction to try a defendant if a substantial measure of the activities constituting the crime took place in England, even if some elements occurred abroad.
R v Smith (Wallace Duncan) (No 4) [2004] EWCA Crim 631; R v Laskowski [2023] EWCA Crim 494
International comity: Prosecution in the UK does not infringe international comity if a substantial measure of the crime occurred within the UK jurisdiction.
Case law interpretation
Outcomes
Appeal against conviction dismissed.
A substantial measure of the controlling and coercive behaviour, including threats and actions taken in the UK, occurred within the UK jurisdiction. The judge correctly directed the jury to disregard actions solely occurring in Serbia that were not part of the controlling behaviour charge.
Application for leave to appeal against sentence refused.
The judge was entitled to consider the overall controlling behaviour, even if some elements occurred in Serbia, when sentencing. The 30-month sentence was not manifestly excessive.