Brain, R. v [2020] EWCA Crim 457 (10 March 2020)

Brain, R. v [2020] EWCA Crim 457 (10 March 2020)

The court upheld the imposition of the CBO in principle, finding sufficient post-October 2013 conduct to justify it, but varied its terms by permitting use of social networking sites for employment purposes and quashing prohibitions that duplicated criminal law. The 2019 sentence was not manifestly excessive given the seriousness and persistence of the breach and aggravating features.

Citation
[2020] EWCA Crim 457
Parties
Respondent: Regina; Appellant: Michael Roger Brain
Jurisdiction
England and Wales
Judgment Date
10 March 2020
Procedural Posture
Criminal Appeal / Combined Hearing of Appeal Against 2019 Sentence and Application for Leave to Appeal 2016 Sentence (cbo)
Outcome
Appeal against 2019 sentence dismissed; leave and extension of time granted for appeal against 2016 CBO; CBO varied as specified.
Legal Topics
Criminal Behaviour Order, Breach of Court Order, Sentencing, Fraud, Theft, Appeal Procedure
Criminal Law Criminal Behaviour Order Breach of Court Order Sentencing Fraud Theft Appeal Procedure

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Parties

Regina

Respondent

Michael Roger Brain

Appellant

Procedural Posture

Criminal Appeal / Combined Hearing of Appeal Against 2019 Sentence and Application for Leave to Appeal 2016 Sentence (cbo)

Legal Issues

  1. 1 Whether the imposition, terms, and duration of the Criminal Behaviour Order (CBO) in 2016 were lawful and appropriate
  2. 2 Whether the 2019 sentence for breach of the CBO was manifestly excessive

Ratio Decidendi

The court upheld the imposition of the CBO in principle, finding sufficient post-October 2013 conduct to justify it, but varied its terms by permitting use of social networking sites for employment purposes and quashing prohibitions that duplicated criminal law. The 2019 sentence was not manifestly excessive given the seriousness and persistence of the breach and aggravating features.

Court Disposition

Appeal against 2019 sentence dismissed; leave and extension of time granted for appeal against 2016 CBO; CBO varied as specified.

Orders

  • Variation of CBO: Prohibition 1 amended to allow use of social networking sites for employment-related purposes; prohibitions 7, 8, and 9 quashed.
  • Appeal against 2019 sentence dismissed.