Kirby, R. v

Kirby, R. v

The anti-social behaviour order was set aside as there was no demonstrable necessity for its imposition in addition to a substantial custodial sentence; the total sentence of 25 months' imprisonment was justified and not excessive given the appellant's record and the seriousness of the offences.

Parties
Respondent: Regina; Appellant: Lee Kirby
Jurisdiction
England and Wales
Judgment Date
04 May 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence and Anti Social Behaviour Order
Outcome
Appeal allowed in part; anti-social behaviour order quashed; appeal against sentence dismissed.
Legal Topics
Dangerous Driving, Driving Whilst Disqualified, Criminal Anti Social Behaviour Orders, Sentencing
Criminal Law Dangerous Driving Driving Whilst Disqualified Criminal Anti Social Behaviour Orders Sentencing

Case Brief

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Parties

Regina

Respondent

Lee Kirby

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence and Anti Social Behaviour Order

Legal Issues

  1. 1 Whether the imposition and length of the criminal anti-social behaviour order was appropriate
  2. 2 Whether the total sentence of 25 months' imprisonment was excessive

Ratio Decidendi

The anti-social behaviour order was set aside as there was no demonstrable necessity for its imposition in addition to a substantial custodial sentence; the total sentence of 25 months' imprisonment was justified and not excessive given the appellant's record and the seriousness of the offences.

Court Disposition

Appeal allowed in part; anti-social behaviour order quashed; appeal against sentence dismissed.

Orders

  • The anti-social behaviour order is set aside.
  • The sentences of 20 months for dangerous driving and 5 months consecutive for driving whilst disqualified are upheld.