Threatening or Intimidating Witness or Witness Revenge
Date Produced: 27 April 2009
Title: Administration of Justice
Offence: Threatening or Intimidating Witness or Witness Revenge
Legislation: Criminal Justice and Public Order Act 1994 section 51
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 5 years imprisonment
Aggravating & Mitigating Factors
- Nature and number of offences
- Overall extent and course of conduct
- Whether any effect upon victim and pending case
Relevant Sentencing Guidelines
The two guideline cases establish general principles (case details appear below):
R v Williams [1997] 2 Cr.App.R.(S.) 97 held that:
- the offence of threatening witnesses was to be viewed extremely seriously
- it is an offence for which ordinary a deterrent sentence is appropriate.
R v Chinery [2002] 2 Cr.App.R.(S.) 55 held that sentencing judge entitled to pass consecutive sentences because the offences were not committed on precisely the same occasion and involved different victims
Relevant Sentencing Case Law
R v Williams [1997] 2 Cr.App.R. (S.) 97. Shortly after arriving in prison, the appellant wrote a letter to the victim of his offences in an assumed name threatening her with violence. Sentenced to two years imprisonment consecutive.
R v Watmore [1998] 2 Cr.App.R. (S.) 46. Offender after being committed for sentence assaulted victim. 4 years for revenge and 4 months concurrent for original assault upheld. The very fact that Parliament thought it necessary to enact this particular offence is ample reason for holding that it contains an additional element of criminality.
R v Chinery [2002] 2 Cr.App.R. (S.) 55. Offender (with no criminal record) twice approached witness and made comments about grassing and watching your back. 3 months consecutive on each upheld.
R v Lawrence [2005] 1 Cr.App.R.(S.) 83. Appellant pleaded guilty to threatening to take revenge on a witness, who was his father, for having called the police. Repeated threats in the presence of police officers. Sentence reduced to eight months imprisonment.
R v Parry [2007] 1 Cr.App.R.(S.) 62. Appellant struck a youth in his face and was asked to attend at a police station for interview. He approached the victim in the street and threatened that something bad would happen to him if the matter was not dropped. Sentenced to six months imprisonment for intimidating a witness and two months consecutive for common assault. Court of Appeal commented that had it been the slap alone, a non-custodial sentence would have been appropriate and made the sentences concurrent
R v McDonald [2008] 2 Cr.App.R.(S.) 100. Some time after his release from custody, the appellant whilst in a supermarket approached a man who had been a prosecution witness at his trial and made threats to him, including a threat to kill him. The victim walked away from the appellant, who again approached and threatened him and then punched the victim. Sentence reduced to two and a half years imprisonment.
Recent Decisions reported in CSP reported at B 8-2.3AA.
Links
Archbold 28-150a
CSP B8-2.3AA
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