Marchese, R. v

Marchese, R. v

The technical duplicity in count 2 did not cause injustice or prejudice to the appellant; evidence relating to the gas and burglary incidents was properly admitted and did not unfairly prejudice the appellant; there was sufficient evidence to support the aggravated harassment charge in count 3; the judge's directions to the jury were adequate; the sentence imposed was appropriate given the seriousness of the offences; compensation and restraining orders were justified.

Parties
Prosecution: Regina; Appellant: Maria del Carmen Marchese
Jurisdiction
England and Wales
Judgment Date
11 February 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against 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, Admissibility of Evidence, Sentencing, Restraining Orders, Compensation Orders
Criminal Law Harassment Threats to Kill Perverting the Course of Justice Duplicity Admissibility of Evidence Sentencing Restraining Orders +1 more

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Parties

Regina

Prosecution

Maria del Carmen Marchese

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether count 2 was duplicitous
  2. 2 Admissibility of evidence relating to gas and burglary incidents
  3. 3 Adequacy of jury directions

Ratio Decidendi

The technical duplicity in count 2 did not cause injustice or prejudice to the appellant; evidence relating to the gas and burglary incidents was properly admitted and did not unfairly prejudice the appellant; there was sufficient evidence to support the aggravated harassment charge in count 3; the judge's directions to the jury were adequate; the sentence imposed was appropriate given the seriousness of the offences; compensation and restraining orders were justified.

Court Disposition

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

Orders

  • Compensation order of £18,000 upheld (£9,000 to each complainant)
  • Restraining order without limit of time upheld