Henry, R. v

Henry, R. v

The imposition of a 10-year ASBO was not justified given the lack of compelling material and the appellant's age and custodial sentence; sentences for counts 2 and 3 were unlawful and required adjustment.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Kahdel Levon Robert Henry
Jurisdiction
England and Wales
Judgment Date
08 December 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Anti Social Behaviour Orders, Firearms Offences
Criminal Law Sentencing Anti Social Behaviour Orders Firearms Offences

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Parties

Regina

Prosecution

Kahdel Levon Robert Henry

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 lawfulness and necessity of Anti-Social Behaviour Order
  2. 2 proportionality of ASBO duration
  3. 3 lawfulness of sentences for counts 2 and 3

Ratio Decidendi

The imposition of a 10-year ASBO was not justified given the lack of compelling material and the appellant's age and custodial sentence; sentences for counts 2 and 3 were unlawful and required adjustment.

Court Disposition

appeal allowed in part

Orders

  • ASBO quashed
  • sentences for counts 2 and 3 quashed and substituted with concurrent terms of 4 months Detention and Training Order under section 106A of the Sentencing Act 2000