Nagy, R v

Nagy, R v

The presence of aggravating features—prior conviction for violence, repeated criminal damage, and the particularly bad and sustained nature of the offence—justified the sentence of 12 months' imprisonment and the consecutive sentence for breach of conditional discharge. The sentence was not manifestly excessive and the appeal was dismissed.

Parties
Prosecutor: Regina; Appellant: Christopher Nagy
Jurisdiction
England and Wales
Judgment Date
10 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Harassment, Sentencing, Domestic Violence, Use of Weapon, Breach of Conditional Discharge
Criminal Law Harassment Sentencing Domestic Violence Use of Weapon Breach of Conditional Discharge

Case Brief

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Parties

Regina

Prosecutor

Christopher Nagy

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 12 months' imprisonment for putting a person in fear of violence by harassment under section 4 of the Protection from Harassment Act 1997 was manifestly excessive
  2. 2 Whether the sentence should have been suspended
  3. 3 Whether the consecutive sentence for breach of conditional discharge was justified

Ratio Decidendi

The presence of aggravating features—prior conviction for violence, repeated criminal damage, and the particularly bad and sustained nature of the offence—justified the sentence of 12 months' imprisonment and the consecutive sentence for breach of conditional discharge. The sentence was not manifestly excessive and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Sentence of 12 months' imprisonment for harassment affirmed
  • Consecutive sentence of one month's imprisonment for breach of conditional discharge affirmed