Westguard, R. v [2024] EWCA Crim 378 (11 April 2024)

Westguard, R. v [2024] EWCA Crim 378 (11 April 2024)

The sentence of 18 months' imprisonment was not excessive or wrong in principle given the appellant's persistent breaches and aggravating factors; however, the stalking offence should have been made concurrent, not consecutive, as it arose from the same facts as the breaches of the restraining order.

Citation
[2024] EWCA Crim 378
Parties
Prosecution: Rex; Appellant: Nicholas Westguard
Jurisdiction
England and Wales
Judgment Date
11 April 2024
Procedural Posture
Criminal Appeal / Sentence Appeal Before Court of Appeal (criminal Division)
Outcome
appeal dismissed (save for administrative restructuring of sentence)
Legal Topics
Breach of Restraining Order, Stalking, Sentencing, Restraining Orders, Aggravating Factors, Concurrent and Consecutive Sentences
Criminal Law Breach of Restraining Order Stalking Sentencing Restraining Orders Aggravating Factors Concurrent and Consecutive Sentences

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Parties

Rex

Prosecution

Nicholas Westguard

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal Before Court of Appeal (criminal Division)

Legal Issues

  1. 1 Whether the sentence imposed for breaches of a restraining order and stalking was excessive or wrong in principle
  2. 2 Whether the stalking offence should have been sentenced consecutively or concurrently
  3. 3 Whether an unlimited restraining order was excessive

Ratio Decidendi

The sentence of 18 months' imprisonment was not excessive or wrong in principle given the appellant's persistent breaches and aggravating factors; however, the stalking offence should have been made concurrent, not consecutive, as it arose from the same facts as the breaches of the restraining order.

Court Disposition

appeal dismissed (save for administrative restructuring of sentence)

Orders

  • The 18-month sentence is to be recorded solely for breaches of the restraining order.
  • The 2-month sentence for stalking is to run concurrently, not consecutively.