Thomas, R v

Given the lengthy period the appellant will be on licence after release, and the absence of demonstrable necessity, the anti-social behaviour order was not justified and should be quashed.

Parties: Prosecutor: Regina; Appellant: Elijah Thomas
Jurisdiction: England and Wales
Judgment Date: 18 September 2008
Procedural Posture: Criminal Appeal / Appeal Against Sentence (anti Social Behaviour Order)
Outcome: appeal allowed (in part)
Legal Topics: Anti Social Behaviour Order, Sentencing, Robbery, Appeal

Criminal Law Anti Social Behaviour Order Sentencing Robbery Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Elijah Thomas

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (anti Social Behaviour Order)

Legal Issues

1 Whether it was appropriate to make an anti-social behaviour order (ASBO) of 10 years' duration, suspended until release from prison, in addition to the custodial sentence

Ratio Decidendi

Given the lengthy period the appellant will be on licence after release, and the absence of demonstrable necessity, the anti-social behaviour order was not justified and should be quashed.

Court Disposition

appeal allowed (in part)

Orders

anti-social behaviour order quashed