Mari, R. v [2023] EWCA Crim 1631 (19 December 2023)

Mari, R. v [2023] EWCA Crim 1631 (19 December 2023)

There was no evidence justifying a prohibition on contact with the children, no evidence from or about the children, and procedural safeguards were not followed; the order was not necessary or proportionate and must be varied to remove the prohibition on contact with the children.

Citation
[2023] EWCA Crim 1631
Parties
Appellant: Gino Mari; Respondent: Rex (The Crown)
Jurisdiction
England and Wales
Judgment Date
19 December 2023
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order Following Acquittal
Outcome
appeal allowed in part; restraining order varied
Legal Topics
Restraining Orders, Acquittal, Protection From Harassment, Domestic Violence, Child Contact
Criminal Law Restraining Orders Acquittal Protection From Harassment Domestic Violence Child Contact

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Parties

Gino Mari

Appellant

Rex (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order Following Acquittal

Legal Issues

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

Ratio Decidendi

There was no evidence justifying a prohibition on contact with the children, no evidence from or about the children, and procedural safeguards were not followed; the order was not necessary or proportionate and must be varied to remove the prohibition on contact with the children.

Court Disposition

appeal allowed in part; restraining order varied

Orders

  • Prohibition on contact with the children removed from the restraining order.
  • Restraining order to prohibit contact with the complainant only, except through specified intermediaries for child contact.