R v Nathan McMahon

R v Nathan McMahon

The sentence of 40 months' imprisonment was just and proportionate given the seriousness of the offence, the aggravating features, and the appellant's record. The restraining order's prohibition on entering Penzance was unacceptably imprecise and must be quashed, but the remainder of the order and sentence stand.

Parties
Prosecutor: Rex; Appellant: Nathan McMahon
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Stalking, Possession of Controlled Drugs, Sentencing, Restraining Orders, Appeal Procedure
Criminal Law Stalking Possession of Controlled Drugs Sentencing Restraining Orders Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Prosecutor

Nathan McMahon

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive or wrong in principle
  2. 2 Whether the restraining order was too vague and imprecise
  3. 3 Whether procedural errors at sentencing affected the fairness of the process

Ratio Decidendi

The sentence of 40 months' imprisonment was just and proportionate given the seriousness of the offence, the aggravating features, and the appellant's record. The restraining order's prohibition on entering Penzance was unacceptably imprecise and must be quashed, but the remainder of the order and sentence stand.

Court Disposition

appeal allowed in part

Orders

  • Restraining order varied by deleting the prohibition on entering Penzance
  • Appellant to pay surcharge of £190