Stephan, R. v

Stephan, R. v

The ASBO was justified in principle due to the appellant's anti-social behaviour and risk to the community, but the scope and length of the order were excessive. The second clause restricting entry to any dwelling-house in the UK was too wide and impracticable, and the 7-year ban from the Isles of Scilly was disproportionate. The order was varied to delete the second clause and reduce the ban to 2 years.

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

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Andrew Stephan

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the Anti-social Behaviour Order (ASBO) imposed was appropriate 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
  3. 3 Whether the scope of the ASBO was too wide and impracticable to police

Ratio Decidendi

The ASBO was justified in principle due to the appellant's anti-social behaviour and risk to the community, but the scope and length of the order were excessive. The second clause restricting entry to any dwelling-house in the UK was too wide and impracticable, and the 7-year ban from the Isles of Scilly was disproportionate. The order was varied to delete the second clause and reduce the ban to 2 years.

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