R v Clive Mercer

The sentence imposed was appropriate given the persistent disregard for court orders, aggravating circumstances including previous offending and offences committed on bail, and the significant impact on the complainant. The totality principle was properly applied and the restraining order was necessary for ongoing protection.

Parties: Prosecution: Rex; Applicant: Clive Mercer; Victim: Complainant
Jurisdiction: England and Wales
Judgment Date: 16 January 2026
Procedural Posture: Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome: renewed application for leave to appeal against sentence refused
Legal Topics: Breach of Non Molestation Order, Sentencing, Restraining Order, Totality Principle

Criminal Law Family Law Breach of Non Molestation Order Sentencing Restraining Order Totality Principle

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6

Parties

Rex

Prosecution

Clive Mercer

Applicant

Complainant

Victim

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

1 Whether the sentence for breach of a non-molestation order was manifestly excessive
2 Whether the restraining order was appropriate
3 Whether time served on remand was properly accounted for

Ratio Decidendi

Court Disposition

renewed application for leave to appeal against sentence refused

Orders

extension of time for renewing application for leave to appeal granted
restraining order to last until 11 June 2030 prohibiting contact with complainant and her daughter and approaching within 50 metres of complainant's home