R v Emma Sushila Inkeri Patel

R v Emma Sushila Inkeri Patel

The sentencing judge was entitled to place the offence in category 2B for harm and culpability, given the persistent, planned, and sophisticated conduct over nearly three months, and harm to both the victim and third parties. The sentence of 14 months before reduction for guilty plea was within the guideline range and properly reflected mitigation. No arguable error was demonstrated.

Parties
Prosecution: Regina; Applicant: Emma Sushila Inkeri Patel
Jurisdiction
England and Wales
Judgment Date
14 January 2021
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Against Sentence
Outcome
application for permission to appeal refused
Legal Topics
Sentencing, Stalking, Harassment, Appeals
Criminal Law Sentencing Stalking Harassment Appeals

Case Brief

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Parties

Regina

Prosecution

Emma Sushila Inkeri Patel

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the offence as category 2B under the intimidatory offences Sentencing Guideline
  2. 2 Whether the sentence of 14 months' imprisonment before reduction for guilty plea was manifestly excessive

Ratio Decidendi

The sentencing judge was entitled to place the offence in category 2B for harm and culpability, given the persistent, planned, and sophisticated conduct over nearly three months, and harm to both the victim and third parties. The sentence of 14 months before reduction for guilty plea was within the guideline range and properly reflected mitigation. No arguable error was demonstrated.

Court Disposition

application for permission to appeal refused