Stephan, R. v [2005] EWCA Crim 3429 (25 November 2005)

Stephan, R. v [2005] EWCA Crim 3429 (25 November 2005)

The ASBO imposed was excessive in scope and length; the second clause restricting entry to any dwelling-house in the UK was impracticable and too wide, and the 7-year ban from the Isles of Scilly was disproportionate. The order should be limited to a 2-year ban from the Isles of Scilly, and the second clause deleted.

Citation
[2005] EWCA Crim 3429
Parties
Prosecution: Regina; Appellant: Andrew Stephan
Jurisdiction
England and Wales
Judgment Date
25 November 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Theft, Anti Social Behaviour Order, Sentencing, Proportionality
Criminal Law Theft Anti Social Behaviour Order Sentencing Proportionality

Case Brief

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Parties

Regina

Prosecution

Andrew Stephan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Anti-social Behaviour Order (ASBO) imposed was proportionate in scope and length given the appellant's good character and circumstances
  2. 2 Whether the ASBO was imposed as punishment contrary to legal principles

Ratio Decidendi

The ASBO imposed was excessive in scope and length; the second clause restricting entry to any dwelling-house in the UK was impracticable and too wide, and the 7-year ban from the Isles of Scilly was disproportionate. The order should be limited to a 2-year ban from the Isles of Scilly, and the second clause deleted.

Court Disposition

appeal allowed in part

Orders

  • Second clause of ASBO deleted
  • Period of restraint from landing or entering Isles of Scilly reduced to 2 years