R v Barry Anthony Drain

R v Barry Anthony Drain

The sentence for the single breach offence was manifestly excessive given the guideline starting point and aggravating features; the appropriate sentence, after reduction for the guilty plea, is 16 months' imprisonment, with the suspended sentences activated consecutively.

Parties
Applicant: Barry Anthony Drain; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
08 June 2024
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Breach of Restraining Order, Damaging Property, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Breach of Restraining Order Damaging Property Sentencing Guidelines Appeal Against Sentence

Case Brief

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Parties

Barry Anthony Drain

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for breach of a restraining order was manifestly excessive
  2. 2 Proper application of sentencing guidelines under the Sentencing Code

Ratio Decidendi

The sentence for the single breach offence was manifestly excessive given the guideline starting point and aggravating features; the appropriate sentence, after reduction for the guilty plea, is 16 months' imprisonment, with the suspended sentences activated consecutively.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 24 months' imprisonment quashed and replaced with 16 months' imprisonment for breach of restraining order
  • Suspended sentences totalling eight weeks' imprisonment activated in full and to run consecutively