The defendant appealed against his sentence of 12 months’ imprisonment for putting a person in fear of violence, together with a restraining order for 5 years under the 1997 Act.
Held: The parties had been in a domestic relationship. The offender had a history of violence, but nothing recent. It is clear that the complainant had a justified fear of the defendant. However the actual violence was not of the most serious (hair pulling). A custodial sentence was inevitable, but the starting point had been too high, and a sentence of 28 weeks was substituted. The restraining order was clearly correct and remained in place.
Judges:
Wilkie J, Loraine-Smith J
Citations:
[2010] EWCA Crim 1581, 201002184/A6
Links:
Statutes:
Protection from Harassment Act 1997 5
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 05 October 2022; Ref: scu.451453
