Lamb, R. v

Lamb, R. v

A custodial sentence of 22 months for repeated breaches of an ASBO, where the breaches did not involve harassment, alarm, or distress to the public, was disproportionate. The appropriate sentence is three consecutive terms of two months' imprisonment, reflecting the need to uphold court orders but also the absence of actual antisocial behaviour.

Parties
Appellant: Christopher Lamb; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence reduced
Legal Topics
Antisocial Behaviour Orders (asbo), Sentencing, Breach of Court Orders
Criminal Law Antisocial Behaviour Orders (asbo) Sentencing Breach of Court Orders

Case Brief

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Parties

Christopher Lamb

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 What is the appropriate sentence for repeated breaches of an antisocial behaviour order where the breaches do not involve harassment, alarm, or distress?
  2. 2 Should custodial sentences for breach of ASBOs be proportionate to the actual social impact of the breach?

Ratio Decidendi

A custodial sentence of 22 months for repeated breaches of an ASBO, where the breaches did not involve harassment, alarm, or distress to the public, was disproportionate. The appropriate sentence is three consecutive terms of two months' imprisonment, reflecting the need to uphold court orders but also the absence of actual antisocial behaviour.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Sentence of 22 months imprisonment quashed
  • For each of the three offences of breach of ASBO, a sentence of 2 months imprisonment imposed, to run consecutively