Clark, R. v [2023] EWCA Crim 309 (28 February 2023)

Clark, R. v [2023] EWCA Crim 309 (28 February 2023)

The original committal for trial by the Magistrates' Court after a guilty plea was invalid, requiring quashing by the Divisional Court and a fresh committal for sentence. The sentence of two years' imprisonment for breach of a restraining order was justified and proportionate given the seriousness, persistence, and aggravating features of the offending.

Citation
[2023] EWCA Crim 309
Parties
Prosecution: Rex; Appellant: Christopher Clark
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence With Judicial Review of Committal Procedure
Outcome
appeal dismissed; sentence regularised and re-imposed
Legal Topics
Breach of Restraining Order, Committal Procedure, Sentencing, Jurisdictional Error, Common Assault
Criminal Law Breach of Restraining Order Committal Procedure Sentencing Jurisdictional Error Common Assault

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Parties

Rex

Prosecution

Christopher Clark

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence With Judicial Review of Committal Procedure

Legal Issues

  1. 1 Whether the Crown Court had jurisdiction to sentence following an invalid committal for trial by the Magistrates' Court after a guilty plea to breach of a restraining order
  2. 2 Whether the sentence imposed for breach of a restraining order was manifestly excessive

Ratio Decidendi

The original committal for trial by the Magistrates' Court after a guilty plea was invalid, requiring quashing by the Divisional Court and a fresh committal for sentence. The sentence of two years' imprisonment for breach of a restraining order was justified and proportionate given the seriousness, persistence, and aggravating features of the offending.

Court Disposition

appeal dismissed; sentence regularised and re-imposed

Orders

  • Quashing of original committal for trial for breach offence by Divisional Court
  • Fresh committal for sentence for breach offence under section 14 of the Sentencing Act 2020