Briscoe, R. v [2010] EWCA Crim 373 (17 February 2010)

Briscoe, R. v [2010] EWCA Crim 373 (17 February 2010)

The custodial sentences were manifestly excessive as there was no evidence of significant harm, aggravating features, or violence, and the appellant's mental health and compliance indicated the offences were manageable in the community. Community orders with supervision and mental health requirements were appropriate.

Citation
[2010] EWCA Crim 373
Parties
Prosecution: Regina; Appellant: Dean Anthony Briscoe
Jurisdiction
England and Wales
Judgment Date
17 February 2010
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Breach of Non Molestation Order, Sentencing, Mental Health in Sentencing
Criminal Law Family Law Breach of Non Molestation Order Sentencing Mental Health in Sentencing

Case Brief

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Parties

Regina

Prosecution

Dean Anthony Briscoe

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the custodial sentence for breach of a non-molestation order was manifestly excessive
  2. 2 Appropriate sentence considering appellant's mental health and circumstances

Ratio Decidendi

The custodial sentences were manifestly excessive as there was no evidence of significant harm, aggravating features, or violence, and the appellant's mental health and compliance indicated the offences were manageable in the community. Community orders with supervision and mental health requirements were appropriate.

Court Disposition

appeal allowed

Orders

  • Sentences of imprisonment quashed
  • Concurrent community orders with 24 month supervision requirement imposed from 8th January 2010