R v David Joseph Davies

R v David Joseph Davies

The appellant's persistent breaches of court orders and failure to respond to previous sentences justified placing the offence at the top of the sentencing range before credit for guilty plea; the judge's approach was reasonably open in all circumstances.

Parties
Prosecutor: Rex; Appellant: David Joseph Davies
Jurisdiction
England and Wales
Judgment Date
08 August 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
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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Parties

Rex

Prosecutor

David Joseph Davies

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for breach of restraining order was manifestly excessive
  2. 2 Whether the judge attached too much weight to previous convictions
  3. 3 Whether distress to the victim was properly inferred

Ratio Decidendi

The appellant's persistent breaches of court orders and failure to respond to previous sentences justified placing the offence at the top of the sentencing range before credit for guilty plea; the judge's approach was reasonably open in all circumstances.

Court Disposition

appeal dismissed

Orders

  • sentence of 16 months' imprisonment upheld