Roach, R. v [2025] EWCA Crim 786 (05 June 2025)
The original sentence of 27 months' imprisonment was manifestly excessive as it exceeded the guideline range for a Category A2 breach of a restraining order. The appropriate sentence, after considering aggravating factors and a guilty plea, was 15 months' imprisonment.
- Citation
- [2025] EWCA Crim 786
- Parties
- Prosecution: Rex; Appellant: Daniel Roach
- Jurisdiction
- England and Wales
- Judgment Date
- 05 June 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal allowed; sentence reduced
- Legal Topics
- Breach of Restraining Order, Sentencing Guidelines, Appeal Against Sentence, Aggravating Factors, Double Counting in Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Daniel Roach
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in categorising the offence and applying aggravating factors
- 2 Whether the sentence imposed was manifestly excessive and outside the guideline range
- 3 Whether double counting of previous convictions occurred
Ratio Decidendi
The original sentence of 27 months' imprisonment was manifestly excessive as it exceeded the guideline range for a Category A2 breach of a restraining order. The appropriate sentence, after considering aggravating factors and a guilty plea, was 15 months' imprisonment.
Court Disposition
appeal allowed; sentence reduced
Orders
- Sentence of 27 months' imprisonment quashed
- Substitute sentence of 15 months' imprisonment imposed
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