Illing, R v

Illing, R v

Given the appellant's persistent and flagrant disregard for court orders, significant custodial sentences were justified, but the total sentence of 30 months was excessive due to factual overlap; a total sentence of 2 years' imprisonment was appropriate.

Parties
Prosecutor: Regina; Appellant: Lee Barry Illing
Jurisdiction
England and Wales
Judgment Date
18 August 2017
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Breach of Restraining Order, Failure to Comply With Notification Requirements, Sentencing Guidelines, Consecutive and Concurrent Sentences
Criminal Law Breach of Restraining Order Failure to Comply With Notification Requirements Sentencing Guidelines Consecutive and Concurrent Sentences

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Lee Barry Illing

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentences imposed for breaches of restraining order and notification requirements were excessive
  2. 2 Whether the sentencing judge properly departed from the sentencing guidelines
  3. 3 Whether consecutive sentences were appropriate given the factual overlap

Ratio Decidendi

Given the appellant's persistent and flagrant disregard for court orders, significant custodial sentences were justified, but the total sentence of 30 months was excessive due to factual overlap; a total sentence of 2 years' imprisonment was appropriate.

Court Disposition

appeal allowed in part

Orders

  • All sentences imposed below quashed
  • Concurrent terms of 2 years' imprisonment substituted on each offence