Marchese, R. v [2008] EWCA Crim 389 (11 February 2008)

Marchese, R. v [2008] EWCA Crim 389 (11 February 2008)

Although count 2 was technically duplicitous, no injustice or prejudice resulted to the appellant, and the conviction was safe; evidence of the gas incident and burglary was properly admitted and did not prejudice the jury; the messages to Dr Falkowski were clearly threatening and supported the conviction on count 3; the sentence was not manifestly excessive given the seriousness of the offences and their impact; compensation and restraining orders were justified.

Citation
[2008] EWCA Crim 389
Parties
Prosecution: Regina; Appellant/defendant: Maria del Carmen Marchese
Jurisdiction
England and Wales
Judgment Date
11 February 2008
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
Appeal against conviction dismissed; renewed application for leave to appeal against sentence refused.
Legal Topics
Harassment, Threats to Kill, Perverting the Course of Justice, Duplicity in Indictment, Sentencing, Admissibility of Evidence
Criminal Law Harassment Threats to Kill Perverting the Course of Justice Duplicity in Indictment Sentencing Admissibility of Evidence

Case Brief

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Parties

Regina

Prosecution

Maria del Carmen Marchese

Appellant/defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether count 2 (threats to kill) was bad for duplicity
  2. 2 Whether evidence of the gas incident and burglary was admissible
  3. 3 Whether the judge's directions to the jury were adequate regarding uncharged incidents

Ratio Decidendi

Although count 2 was technically duplicitous, no injustice or prejudice resulted to the appellant, and the conviction was safe; evidence of the gas incident and burglary was properly admitted and did not prejudice the jury; the messages to Dr Falkowski were clearly threatening and supported the conviction on count 3; the sentence was not manifestly excessive given the seriousness of the offences and their impact; compensation and restraining orders were justified.

Court Disposition

Appeal against conviction dismissed; renewed application for leave to appeal against sentence refused.

Orders

  • Conviction upheld on all counts
  • Sentence of nine years' imprisonment confirmed