R v Gino Mari

R v Gino Mari

The restraining order prohibiting contact with the children was not supported by evidence, was unnecessary, lacked procedural safeguards, and was draconian after acquittal; therefore, the prohibition on contact with the children must be removed.

Parties
Appellant: Gino Mari; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order After Acquittal
Outcome
appeal allowed, restraining order varied
Legal Topics
Restraining Orders, Domestic Violence, Child Contact, Acquittal, Procedural Safeguards
Criminal Law Family Law Restraining Orders Domestic Violence Child Contact Acquittal Procedural Safeguards

Case Brief

Summary, issues, holding and outcome

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Parties

Gino Mari

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order After Acquittal

Legal Issues

  1. 1 Whether the restraining order prohibiting contact with the children was necessary and proportionate
  2. 2 Whether procedural safeguards under Criminal Procedure Rules were followed
  3. 3 Whether the restraining order was internally inconsistent

Ratio Decidendi

The restraining order prohibiting contact with the children was not supported by evidence, was unnecessary, lacked procedural safeguards, and was draconian after acquittal; therefore, the prohibition on contact with the children must be removed.

Court Disposition

appeal allowed, restraining order varied

Orders

  • Prohibition on contact with the children removed from restraining order.
  • Defendant restrained from contacting complainant by telephone, letter, card, internet, social media or any other form, directly or indirectly, or causing or inciting another to do so, save that he may through his sister, Social Services or his solicitors seek to agree contact in respect of the children.