Baird, R v

Baird, R v

The judge was entitled to impose an immediate custodial sentence of 18 months for wilful and continuing breach of a restraint order, as the appellant's conduct showed persistent defiance and partial compliance was undermined by deception; the sentence was not disproportionate or manifestly excessive.

Source-derived case information.

Parties
Respondent: Regina; Appellant: James Muir Baird
Jurisdiction
England and Wales
Judgment Date
07 February 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence for Contempt of Court
Outcome
Appeal dismissed
Legal Topics
Breach of Restraint Order, Sentencing for Contempt, Disclosure Obligations, Proceeds of Crime
Criminal Law Contempt of Court Asset Forfeiture Breach of Restraint Order Sentencing for Contempt Disclosure Obligations Proceeds of Crime

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

James Muir Baird

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence for Contempt of Court

Legal Issues

  1. 1 Whether the judge erred in imposing an immediate custodial sentence for breach of a restraint order
  2. 2 Whether the 18-month sentence was manifestly excessive

Ratio Decidendi

The judge was entitled to impose an immediate custodial sentence of 18 months for wilful and continuing breach of a restraint order, as the appellant's conduct showed persistent defiance and partial compliance was undermined by deception; the sentence was not disproportionate or manifestly excessive.

Court Disposition

Appeal dismissed

Orders

  • The appeal against sentence is dismissed.