Criminal Law · The Court of Appeal of England and Wales (Criminal Division)
R v Kelvin Clark
Facts
The appellant, a 43-year-old man, was the father of a 13-year-old girl who had been communicating on social media with the complainant, referred to in the judgment as "G", a boy then aged 14. On the morning of 15 March 2025 G was on his way to school, expecting to walk there with the appellant's daughter, when he was approached by the appellant and other members of the appellant's family at about 7.30 am. The appellant grabbed G by the jumper and pinned him against a wall. The daughter's brother handed the appellant a screwdriver, which the appellant waved in G's face, telling him he was lucky that his heart was still beating and that had his family been present he would have killed G in front of them. The appellant was arrested and, on 5 August 2025, convicted after a summary trial at Willesden Magistrates' Court of making threats to kill and of assault by beating. On 3 September 2025 the magistrates committed him for sentence to the Crown Court under section 14 of the Sentencing Act 2020 and section 20 of the Sentencing Act 2020 respectively, their own powers being insufficient. On 29 October 2025 he was sentenced in the Crown Court at Harrow to four years' imprisonment for the threats to kill, with no separate penalty for the assault, together with a five-year restraining order. He appealed against sentence with the leave of the single judge.
What did the court decide?
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