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 within the terms of the ASBO. If a community penalty was not available, any sentence imposed should be as short as possible.
Judges:
Mr Justice Leveson
Citations:
[2005] EWCA Crim 3000, Times 01-Dec-2005, [2006] 2 Cr App R (S) 11
Links:
Jurisdiction:
England and Wales
Citing:
Preferred – 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 . .
Cited – Morrison, Regina v CACD 26-Jul-2005
Breach of anti-social behaviour order. . .
Cited by:
Cited – Regina 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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 18 June 2022; Ref: scu.235243