Davies, R. v [2024] EWCA Crim 846 (14 June 2024)
The appellant's extensive record of breaching court orders and the deliberate nature of the current breach justified placing the sentence at the top of the applicable range before credit for the guilty plea; the sentence was not manifestly excessive.
- Citation
- [2024] EWCA Crim 846
- Parties
- Prosecution: Rex; Appellant: David Joseph Davies
- Jurisdiction
- England and Wales
- Judgment Date
- 14 June 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Breach of Restraining Order, Sentencing, Recidivism
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
David Joseph Davies
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 16 months' imprisonment for breach of a restraining order was manifestly excessive
- 2 Whether the judge attached too much weight to the appellant's previous record and inferred undue distress to the victim
Ratio Decidendi
The appellant's extensive record of breaching court orders and the deliberate nature of the current breach justified placing the sentence at the top of the applicable range before credit for the guilty plea; the sentence was not manifestly excessive.
Court Disposition
appeal dismissed
Full Case Text
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