Evans, R. v

Evans, R. v

A custodial sentence was necessary due to the applicant's persistent breaches and lack of remorse, but the term should be reduced to four months given her age and vulnerability.

Parties
Prosecution: Regina; Applicant: Dorothy Gertrude Evans
Jurisdiction
England and Wales
Judgment Date
02 May 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Disposal of Appeal
Outcome
appeal allowed in part
Legal Topics
Harassment, Breach of Anti Social Behaviour Order, Sentencing, Appeals
Criminal Law Harassment Breach of Anti Social Behaviour Order Sentencing Appeals

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Parties

Regina

Prosecution

Dorothy Gertrude Evans

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Disposal of Appeal

Legal Issues

  1. 1 Whether a custodial sentence was appropriate for an 82-year-old woman convicted of harassment and breach of an Anti-Social Behaviour Order
  2. 2 Whether the length of the sentence was excessive given the applicant's age and health

Ratio Decidendi

A custodial sentence was necessary due to the applicant's persistent breaches and lack of remorse, but the term should be reduced to four months given her age and vulnerability.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted
  • Term of imprisonment reduced from six months to four months