Spry, R. v [2024] EWCA Crim 1254 (06 September 2024)
The sentence for breach of the restraining order, though severe, was not excessive given the seriousness, aggravating factors, and the judge's consideration of delay. The decision not to suspend the sentence was reasonable and in accordance with guidelines.
- Citation
- [2024] EWCA Crim 1254
- Parties
- Prosecution: Rex; Appellant: David Spry
- Jurisdiction
- England and Wales
- Judgment Date
- 06 September 2024
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Sentence
- Outcome
- application for leave to appeal sentence refused; appeal dismissed
- Legal Topics
- Breach of Restraining Order, Sentencing, Aggravating and Mitigating Factors, Failure to Surrender, Appeal Against Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
David Spry
Appellant
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Legal Issues
- 1 Whether the sentence for breach of restraining order was manifestly excessive
- 2 Whether the sentencing judge erred in uplifting the sentence for aggravating features
- 3 Whether sufficient account was taken of delay and post-offence conduct
Ratio Decidendi
The sentence for breach of the restraining order, though severe, was not excessive given the seriousness, aggravating factors, and the judge's consideration of delay. The decision not to suspend the sentence was reasonable and in accordance with guidelines.
Court Disposition
application for leave to appeal sentence refused; appeal dismissed
Orders
- Application for leave to appeal sentence on breach offence refused
- Appeal against total sentence dismissed
Full Case Text
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