Doyle & Ors v R

Doyle & Ors v R

The statutory conditions for making a Football Banning Order were not met because the offence was not sufficiently related to football matches and the trial judge did not address the preventative purpose required by law; therefore, the orders must be quashed.

Source-derived case information.

Parties
Appellant: Ciaran Doyle; Appellant: Ryan Wise; Appellant: Darren Wise; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
16 May 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence (football Banning Orders)
Outcome
Appeal allowed; Football Banning Orders quashed
Legal Topics
Football Banning Orders, Public Order, Sentencing, Preventive Orders
Criminal Law Sports Law Football Banning Orders Public Order Sentencing Preventive Orders

Source-derived case record

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Parties

Ciaran Doyle

Appellant

Ryan Wise

Appellant

Darren Wise

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (football Banning Orders)

  1. 1 Whether the statutory conditions for making a Football Banning Order (FBO) were met
  2. 2 Whether the offence was 'related to football matches' under the Football Spectators Act 1989
  3. 3 Whether the court properly considered the preventative purpose of the FBO

Ratio Decidendi

The statutory conditions for making a Football Banning Order were not met because the offence was not sufficiently related to football matches and the trial judge did not address the preventative purpose required by law; therefore, the orders must be quashed.

Court Disposition

Appeal allowed; Football Banning Orders quashed

Orders

  • Football Banning Orders against all three appellants are quashed