Hegarty, R. v

Hegarty, R. v

Although a custodial sentence was justified to protect witnesses and reflect the seriousness of the offence, the twelve-month term was manifestly excessive given the appellant's mitigation and first-time offender status; a four-month term was appropriate.

Parties
Prosecution: Regina; Appellant: Peter John Hegarty
Jurisdiction
England and Wales
Judgment Date
31 July 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Witness Intimidation, Public Order Offences
Criminal Law Sentencing Witness Intimidation Public Order Offences

Case Brief

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Parties

Regina

Prosecution

Peter John Hegarty

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of twelve months' detention for taking revenge on a witness was manifestly excessive given the appellant's mitigation.

Ratio Decidendi

Although a custodial sentence was justified to protect witnesses and reflect the seriousness of the offence, the twelve-month term was manifestly excessive given the appellant's mitigation and first-time offender status; a four-month term was appropriate.

Court Disposition

appeal allowed in part

Orders

  • Sentence of twelve months' detention quashed and substituted with four months' detention.