Kavanagh, R. v

Kavanagh, R. v

The sentence of 2 years and 6 months was manifestly excessive; the appropriate sentence for this public nuisance of a sexual nature, considering the facts, plea, remorse, and absence of aggravating factors such as victims under 16, is 12 months' imprisonment.

Parties
Prosecutor: Regina; Appellant: Paul Thomas Kavanagh
Jurisdiction
England and Wales
Judgment Date
22 February 2008
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Public Nuisance, Sexual Offences, Sentencing, Anti Social Behaviour Orders
Criminal Law Public Nuisance Sexual Offences Sentencing Anti Social Behaviour Orders

Case Brief

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Parties

Regina

Prosecutor

Paul Thomas Kavanagh

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 What is the appropriate sentence for public nuisance involving sexually explicit telephone calls?
  2. 2 Should the Sentencing Guidelines Council's sexual offences guideline be applied to common law public nuisance of a sexual nature?

Ratio Decidendi

The sentence of 2 years and 6 months was manifestly excessive; the appropriate sentence for this public nuisance of a sexual nature, considering the facts, plea, remorse, and absence of aggravating factors such as victims under 16, is 12 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence reduced to 12 months' imprisonment
  • Time on remand to count towards sentence