Roach, R. v [2025] EWCA Crim 786 (05 June 2025)

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

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Parties

Rex

Prosecution

Daniel Roach

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentencing judge erred in categorising the offence and applying aggravating factors
  2. 2 Whether the sentence imposed was manifestly excessive and outside the guideline range
  3. 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