Cushen, R. v [2024] EWCA Crim 38 (16 January 2024)

Cushen, R. v [2024] EWCA Crim 38 (16 January 2024)

The previous history of offending justified elevating the breach to Category 1A, but did not justify further significant uplift. The breach did not involve violence or threats, and the impact on the victim was largely due to prior conduct, not the instant messaging. The original sentence was manifestly excessive and should be reduced to 20 months' imprisonment after credit for early guilty plea.

Citation
[2024] EWCA Crim 38
Parties
Prosecution: Rex; Appellant: Gary Cushen
Jurisdiction
England and Wales
Judgment Date
16 January 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Breach of Restraining Order, Sentencing, Domestic Abuse, Aggravating and Mitigating Factors
Criminal Law Breach of Restraining Order Sentencing Domestic Abuse Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Gary Cushen

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for breach of a restraining order was manifestly excessive
  2. 2 Whether aggravating factors were double-counted in sentencing

Ratio Decidendi

The previous history of offending justified elevating the breach to Category 1A, but did not justify further significant uplift. The breach did not involve violence or threats, and the impact on the victim was largely due to prior conduct, not the instant messaging. The original sentence was manifestly excessive and should be reduced to 20 months' imprisonment after credit for early guilty plea.

Court Disposition

appeal allowed

Orders

  • sentence reduced to 20 months' imprisonment