Bate, R. v [2024] EWCA Crim 137 (02 February 2024)

Bate, R. v [2024] EWCA Crim 137 (02 February 2024)

The inclusion of the child in the restraining order was justified for protection, but the 10-year duration was excessive and should be reduced to 5 years. The order's wording was amended to allow contact through a named third party or solicitors to ensure effective communication while maintaining protection.

Citation
[2024] EWCA Crim 137
Parties
Prosecution: Rex; Appellant: Liam Daniel Bate
Jurisdiction
England and Wales
Judgment Date
02 February 2024
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order Provisions Post Conviction
Outcome
appeal allowed in part
Legal Topics
Restraining Orders, Domestic Abuse, Child Protection, Sentence Appeal
Criminal Law Family Law Restraining Orders Domestic Abuse Child Protection Sentence Appeal

Case Brief

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Parties

Rex

Prosecution

Liam Daniel Bate

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order Provisions Post Conviction

Legal Issues

  1. 1 Whether inclusion of the child in the restraining order was justified
  2. 2 Whether the 10-year duration of the restraining order was excessive
  3. 3 Whether the wording of the restraining order permitted effective contact with the child

Ratio Decidendi

The inclusion of the child in the restraining order was justified for protection, but the 10-year duration was excessive and should be reduced to 5 years. The order's wording was amended to allow contact through a named third party or solicitors to ensure effective communication while maintaining protection.

Court Disposition

appeal allowed in part

Orders

  • Restraining order duration reduced from 10 years to 5 years
  • Wording of restraining order amended to allow contact through Mrs Samantha Greenwell or solicitors