Morrison, R. v

Morrison, R. v

Where the breach of an ASBO consists solely of conduct that is itself a criminal offence with a prescribed statutory maximum, the sentence for breach of the ASBO should not exceed that statutory maximum, absent exceptional circumstances.

Parties
Prosecution: Regina; Appellant: Clifton George Morrison
Jurisdiction
England and Wales
Judgment Date
26 July 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Anti Social Behaviour Orders, Sentencing, Driving While Disqualified
Criminal Law Anti Social Behaviour Orders Sentencing Driving While Disqualified

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Parties

Regina

Prosecution

Clifton George Morrison

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 What is the proper approach to sentencing where the conduct is both a breach of an Anti-Social Behaviour Order (ASBO) and a separate criminal offence with a lower statutory maximum sentence?
  2. 2 Is it permissible to impose a sentence for breach of an ASBO that exceeds the statutory maximum for the underlying criminal offence?

Ratio Decidendi

Where the breach of an ASBO consists solely of conduct that is itself a criminal offence with a prescribed statutory maximum, the sentence for breach of the ASBO should not exceed that statutory maximum, absent exceptional circumstances.

Court Disposition

appeal allowed in part

Orders

  • Sentence of twelve months' imprisonment for breach of the ASBO quashed and substituted with four months' imprisonment.
  • Consecutive sentence of four months' imprisonment imposed for the earlier offence of driving while disqualified.