Kavanagh, R. v [2008] EWCA Crim 855 (22 February 2008)
The sentence of 2 years and 6 months' imprisonment was manifestly excessive for public nuisance involving sexually explicit telephone calls to adults, given the mitigating factors and the need to relate the offence to analogous sentencing guidelines; the appropriate sentence is 12 months' imprisonment.
- Citation
- [2008] EWCA Crim 855
- Parties
- Prosecution: Regina; Appellant: Paul Thomas Kavanagh
- Jurisdiction
- England and Wales
- Judgment Date
- 22 February 2008
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed in part
- Legal Topics
- Public Nuisance, Sexual Offences, Sentencing, Anti Social Behaviour Order
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Paul Thomas Kavanagh
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 What is the appropriate sentence for public nuisance involving sexually explicit telephone calls to adults?
- 2 Should the Sentencing Guidelines Council's guidelines for sexual offences be applied to common law public nuisance of a sexual nature?
- 3 Was the original sentence manifestly excessive given the facts and mitigating factors?
Ratio Decidendi
The sentence of 2 years and 6 months' imprisonment was manifestly excessive for public nuisance involving sexually explicit telephone calls to adults, given the mitigating factors and the need to relate the offence to analogous sentencing guidelines; the appropriate sentence is 12 months' imprisonment.
Court Disposition
appeal allowed in part
Orders
- Sentence reduced to 12 months' imprisonment
- Time on remand to count towards sentence
Full Case Text
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