Stevens, R. v

Stevens, R. v

The sentence of eight months' imprisonment was not manifestly excessive given the appellant's persistent breaches of Anti-Social Behaviour Orders and the need to protect the public from ongoing nuisance; the sentence did not breach the European Convention on Human Rights.

Parties
Prosecution: Regina; Appellant: Cyril John Stevens
Jurisdiction
England and Wales
Judgment Date
17 April 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Breach of Anti Social Behaviour Order, Sentencing, European Convention on Human Rights
Criminal Law Breach of Anti Social Behaviour Order Sentencing European Convention on Human Rights

Case Brief

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Parties

Regina

Prosecution

Cyril John Stevens

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of eight months' imprisonment for breach of Anti-Social Behaviour Order was disproportionate
  2. 2 Whether sufficient reduction was given for guilty plea
  3. 3 Whether imprisonment constituted cruel and inhuman treatment under the European Convention on Human Rights

Ratio Decidendi

The sentence of eight months' imprisonment was not manifestly excessive given the appellant's persistent breaches of Anti-Social Behaviour Orders and the need to protect the public from ongoing nuisance; the sentence did not breach the European Convention on Human Rights.

Court Disposition

appeal dismissed

Orders

  • The sentence of eight months' imprisonment is upheld.