Hall,R. v [2004] EWCA Crim 2671 (25 October 2004)

Hall,R. v [2004] EWCA Crim 2671 (25 October 2004)

It was not wrong in principle to impose an ASBO for repeated driving offences constituting anti social behaviour, but the order should not be indefinite; a specified period is required to ensure compliance and fairness.

Citation
[2004] EWCA Crim 2671
Parties
Prosecution: Regina; Appellant: Billy Paul Hall
Jurisdiction
England and Wales
Judgment Date
25 October 2004
Procedural Posture
Criminal Appeal / Appeal Against Anti Social Behaviour Order (asbo)
Outcome
appeal allowed in part
Legal Topics
Anti Social Behaviour Order, Sentencing, Driving Offences
Criminal Law Anti Social Behaviour Order Sentencing Driving Offences

Case Brief

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Parties

Regina

Prosecution

Billy Paul Hall

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Anti Social Behaviour Order (asbo)

Legal Issues

  1. 1 Whether the indefinite Anti Social Behaviour Order imposed on the appellant was appropriate and lawful given the circumstances of the offending.

Ratio Decidendi

It was not wrong in principle to impose an ASBO for repeated driving offences constituting anti social behaviour, but the order should not be indefinite; a specified period is required to ensure compliance and fairness.

Court Disposition

appeal allowed in part

Orders

  • The Anti Social Behaviour Order is to be limited to two years from July 2004 instead of being indefinite.