Patel, R. v [2023] EWCA Crim 911 (09 June 2023)

Patel, R. v [2023] EWCA Crim 911 (09 June 2023)

The sentencing judge was entitled to adopt higher starting points within the guideline ranges given the complainant's genuine fear for her life, the use of a weapon, and the appellant's previous conviction for domestic violence. The judge properly considered the domestic context and did not double count aggravating...

Source-derived case information.

Citation
[2023] EWCA Crim 911
Parties
Prosecution: Rex; Appellant: Rajesh Patel
Jurisdiction
England and Wales
Judgment Date
09 June 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Domestic Violence, Threats to Kill, Assault Occasioning Actual Bodily Harm
Criminal Law Sentencing Domestic Violence Threats to Kill Assault Occasioning Actual Bodily Harm

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Parties

Rex

Prosecution

Rajesh Patel

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge adopted too high a starting point for the offences
  2. 2 Whether the judge failed to give sufficient regard to the basis of plea
  3. 3 Whether the judge double counted aggravating features

Ratio Decidendi

The sentencing judge was entitled to adopt higher starting points within the guideline ranges given the complainant's genuine fear for her life, the use of a weapon, and the appellant's previous conviction for domestic violence. The judge properly considered the domestic context and did not double count aggravating features. The sentence was not manifestly excessive.

Court Disposition

appeal dismissed