R v Emma Sushila Inkeri Patel

R v Emma Sushila Inkeri Patel

The sentencing judge was entitled to place the case in culpability category B and harm category 2, and to impose a sentence of 14 months before reduction for guilty plea. The sentence was within the guideline range, and all relevant mitigation was considered. The application for permission to appeal is refused.

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

Case Brief

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Parties

Regina

Respondent

Emma Sushila Inkeri Patel

Applicant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge correctly applied the Sentencing Guideline for intimidatory offences

Ratio Decidendi

The sentencing judge was entitled to place the case in culpability category B and harm category 2, and to impose a sentence of 14 months before reduction for guilty plea. The sentence was within the guideline range, and all relevant mitigation was considered. The application for permission to appeal is refused.

Court Disposition

application for permission to appeal refused