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
Source-derived case record
Summary, issues, holding and outcome
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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)
Legal Issues
- 1 Whether the statutory conditions for making a Football Banning Order (FBO) were met
- 2 Whether the offence was 'related to football matches' under the Football Spectators Act 1989
- 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
Full Case Text
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