R v Gary Cushen

R v Gary Cushen

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 sentence imposed was manifestly excessive. The appropriate sentence after trial would have been two and a half years, reduced to 20 months for early guilty plea.

Parties
Appellant: Gary Cushen; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Breach of Restraining Order, Sentencing, Domestic Violence
Criminal Law Breach of Restraining Order Sentencing Domestic Violence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gary Cushen

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for breach of a restraining order was manifestly excessive
  2. 2 Whether aggravating features 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 sentence imposed was manifestly excessive. The appropriate sentence after trial would have been two and a half years, reduced to 20 months for early guilty plea.

Court Disposition

appeal allowed

Orders

  • sentence reduced to 20 months' imprisonment