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Braxton, Regina v: CACD 21 May 2004

The defendant appealed a sentence of 3.5 years imprisonment for breach of an anti-social behaviour order.
Held: The sentence stood. What the offender might have considered trivial represented repeated breaches of an ASBO that had caused real concern and distress

Judges:

Hooper LJ, Leveson J, Mettyear Judge

Citations:

[2004] EWCA Crim 1374, [2005] 1 Cr App R (S) 167

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

PreferredLamb, Regina v CACD 10-Nov-2005
The defendant appealed against a sentence imposed for breach of an Anti-Social behaviour Order.
Held: Where a community penalty was available for such a breach the court should be considered in an attempt to help the defendant to learn to live . .
CitedRegina v Stevens and Lovegrove CACD 2-Feb-2006
The defendant appealed his sentence for breach of an anti-social behaviour order.
Held: The breach of an order was separate stand-alone offence for which the maximum penalty was five years imprisonment. It was not wrong in principle to impose . .
CitedRegina v Lamb CACD 2005
The court heard an appeal against sentence for breach of an anti-social behaviour order, and considered the sentence in Braxton: ‘The vital distinction between that case and the circumstances with which we are concerned is that albeit the deliberate . .
CitedSteven Fenton v Regina CACD 19-Sep-2006
The defendant had been convicted of breaching his sex offender’s order. He appealed his sentence of 2.5 years. The order had included a prohibition on being drunk in a public place and using abusive or insulting behaviour toward a female.
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 June 2022; Ref: scu.226761

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