Nagy, R v [2009] EWCA Crim 1623 (10 July 2009)

Nagy, R v [2009] EWCA Crim 1623 (10 July 2009)

The aggravating features of the offence, including the appellant's prior violent convictions and the particularly bad and sustained nature of the attack, justified the sentence of 12 months' imprisonment and the consecutive sentence for breach of conditional discharge; the Recorder did not err in principle or impose a manifestly excessive sentence.

Citation
[2009] EWCA Crim 1623
Parties
Respondent: 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, Conditional Discharge Breach
Criminal Law Harassment Sentencing Domestic Violence Use of Weapon Conditional Discharge Breach

Case Brief

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Parties

Regina

Respondent

Christopher Nagy

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed 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 aggravating features of the offence, including the appellant's prior violent convictions and the particularly bad and sustained nature of the attack, justified the sentence of 12 months' imprisonment and the consecutive sentence for breach of conditional discharge; the Recorder did not err in principle or impose a manifestly excessive sentence.

Court Disposition

appeal dismissed

Orders

  • sentence of 12 months' imprisonment for harassment affirmed
  • sentence of 1 month's imprisonment for breach of conditional discharge to run consecutively affirmed