R v Thomas Noakes
The sentencing judge was entitled to find that the effect of the appellant's behaviour crossed the threshold into very serious distress within harm category 1, and immediate custody was justified; the sentence was not manifestly excessive or wrong in principle.
- Parties
- Prosecutor: Rex; Appellant: Thomas Noakes
- Jurisdiction
- England and Wales
- Judgment Date
- 12 May 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Stalking, Sentencing, Domestic Violence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecutor
Thomas Noakes
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in categorising harm as category 1 under the sentencing guidelines for stalking
- 2 Whether the sentence should have been suspended
Ratio Decidendi
The sentencing judge was entitled to find that the effect of the appellant's behaviour crossed the threshold into very serious distress within harm category 1, and immediate custody was justified; the sentence was not manifestly excessive or wrong in principle.
Court Disposition
appeal dismissed
Orders
- sentence of 24 months' imprisonment upheld
Full Case Text
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