R v Daniel Roach

The sentence imposed exceeded the guideline range without sufficient justification; the appropriate sentence, after considering aggravating factors and the guilty plea, is 15 months' imprisonment.

Parties: Prosecutor: Rex; Appellant: Daniel Roach
Jurisdiction: England and Wales
Judgment Date: 24 June 2025
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Breach of Restraining Order, Sentencing, Appeal Against Sentence

Criminal Law Breach of Restraining Order Sentencing Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Rex

Prosecutor

Daniel Roach

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentence imposed for breach of restraining order was excessive
2 Whether previous convictions were double-counted as aggravating factors
3 Whether the sentencing judge provided adequate reasons for exceeding guideline range

Ratio Decidendi

The sentence imposed exceeded the guideline range without sufficient justification; the appropriate sentence, after considering aggravating factors and the guilty plea, is 15 months' imprisonment.

Court Disposition

appeal allowed

Orders

Sentence of 27 months' imprisonment quashed
Substituted sentence of 15 months' imprisonment imposed