Illing, R v [2017] EWCA Crim 1347 (18 August 2017)

Illing, R v [2017] EWCA Crim 1347 (18 August 2017)

Given the appellant's persistent and flagrant breaches of court orders, including immediate reoffending after release, significant custodial sentences were justified and a departure from the sentencing guideline was permissible; however, the total sentence imposed was excessive and should be reduced to two years' imprisonment concurrent on all counts.

Citation
[2017] EWCA Crim 1347
Parties
Respondent: Regina; Appellant: Lee Barry Illing
Jurisdiction
England and Wales
Judgment Date
18 August 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Breach of Restraining Order, Failure to Comply With Notification Requirements, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Breach of Restraining Order Failure to Comply With Notification Requirements Sentencing Guidelines Appeal Against Sentence

Case Brief

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Parties

Regina

Respondent

Lee Barry Illing

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for breaches of restraining order and notification requirements were excessive
  2. 2 Whether the sentencing judge was correct to depart from the sentencing guidelines
  3. 3 Whether the total sentence was disproportionate given the facts

Ratio Decidendi

Given the appellant's persistent and flagrant breaches of court orders, including immediate reoffending after release, significant custodial sentences were justified and a departure from the sentencing guideline was permissible; however, the total sentence imposed was excessive and should be reduced to two years' imprisonment concurrent on all counts.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

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