Douglas, R. v

The sentence, though high, was not manifestly excessive given the aggravating circumstances, but the anti-social behaviour order was quashed as it was vague, unworkable, and indefinite.

Parties: Prosecutor: Regina; Appellant: Kevin Douglas
Jurisdiction: England and Wales
Judgment Date: 25 October 2011
Procedural Posture: Criminal Appeal / Appeal Against Sentence and Anti Social Behaviour Order
Outcome: Appeal against sentence dismissed; appeal against anti-social behaviour order allowed
Legal Topics: Theft, Sentencing, Anti Social Behaviour Orders

Criminal Law Theft Sentencing Anti Social Behaviour Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Kevin Douglas

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Anti Social Behaviour Order

Legal Issues

1 Whether the sentence of three-and-a-half years' imprisonment for theft was manifestly excessive
2 Whether the anti-social behaviour order imposed was valid and workable

Ratio Decidendi

The sentence, though high, was not manifestly excessive given the aggravating circumstances, but the anti-social behaviour order was quashed as it was vague, unworkable, and indefinite.

Court Disposition

Appeal against sentence dismissed; appeal against anti-social behaviour order allowed

Orders

Sentence of three-and-a-half years' imprisonment upheld
Anti-social behaviour order quashed in its entirety