Briscoe, R. v

Briscoe, R. v

The custody threshold was not passed as there was no evidence of significant physical or psychological harm, no aggravating features, and the breaches did not involve violence. The sentence of imprisonment was manifestly excessive and should be replaced with a community order with supervision and mental health requirements.

Parties
Prosecution: Regina; Appellant: Dean Anthony Briscoe
Jurisdiction
England and Wales
Judgment Date
17 February 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
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

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Parties

Regina

Prosecution

Dean Anthony Briscoe

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of six months' imprisonment for breach of a non-molestation order was manifestly excessive
  2. 2 Appropriate sentence for breach of non-molestation order where no violence or significant harm is established

Ratio Decidendi

The custody threshold was not passed as there was no evidence of significant physical or psychological harm, no aggravating features, and the breaches did not involve violence. The sentence of imprisonment was manifestly excessive and should be replaced with a community order with supervision and mental health requirements.

Court Disposition

appeal allowed

Orders

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