J, R. v
The exclusion and prohibited activity requirements were disproportionate to the risk of further offending and unduly punitive in the circumstances; they were therefore set aside.
- Parties
- Prosecutor: Regina; Appellant: J
- Jurisdiction
- England and Wales
- Judgment Date
- 15 August 2008
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence Requirements
- Outcome
- Appeal allowed in part
- Legal Topics
- Sexual Offences, Community Orders, Sentencing, Exclusion Orders, Prohibited Activity Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecutor
J
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence Requirements
Legal Issues
- 1 Whether the exclusion and prohibited activity requirements imposed as part of the community order were proportionate and lawful
Ratio Decidendi
The exclusion and prohibited activity requirements were disproportionate to the risk of further offending and unduly punitive in the circumstances; they were therefore set aside.
Court Disposition
Appeal allowed in part
Orders
- The exclusion requirement is set aside.
- The prohibited activity requirement is set aside.
Full Case Text
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