The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order to be activated upon his release.
Held: The sentence was reduced to three years, and the ASBO revoked. Courts had to assume that the service of a sentence would go some way to improve a defendant’s behaviour and therefore an order to follow a long term of imprisonment would usually be incorrect. It might be appropriate, according to the circumstances, to impose a geographical restriction. Any order must be to protect the public, must be precise and comprehensible to the offender, must state the facts upon which it is based, must be explained to him, and the order must be pronounced in court and reduced to a written form which accurately reflected that pronouncement.
Lord Woolf LCJ, Richards, Henriques JJ
Times 19-Feb-2004, [2004] EWCA Crim 287, 2 Cr App R (S) 63
Bailii
Crime and Disorder Act 1998 1C
England and Wales
Cited by:
Cited – Evans Dorothy, Regina v CACD 6-Dec-2004
The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s . .
Cited – Moat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely.
Cited – W, Regina (on the Application Of) v Director of Public Prosecutions Admn 8-Jun-2005
The defendant appealed a conviction for breaching an anti-social behaviour order. The order had prohibited him from committing any criminal act. It was now challenged as being too wide a prohibition.
Held: ‘The defendant had already been . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Leading Case
Updated: 01 November 2021; Ref: scu.193773
