Awan, R v

Awan, R v

The restraining order imposed was excessive in duration and terms, failed to properly consider the views of the protected person, and did not proportionately facilitate contact with the children. The order should be time-limited and allow indirect contact through specified intermediaries.

Parties
Appellant: Osman Awan; Respondent: Regina (Crown)
Jurisdiction
England and Wales
Judgment Date
06 August 2019
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order After Sentencing
Outcome
appeal allowed in part
Legal Topics
Harassment, Restraining Orders, Sentencing, Family Contact
Criminal Law Harassment Restraining Orders Sentencing Family Contact

Case Brief

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Parties

Osman Awan

Appellant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order After Sentencing

Legal Issues

  1. 1 Whether the restraining order imposed was excessive in duration and terms
  2. 2 Whether the restraining order disproportionately interfered with the appellant's right to contact his children

Ratio Decidendi

The restraining order imposed was excessive in duration and terms, failed to properly consider the views of the protected person, and did not proportionately facilitate contact with the children. The order should be time-limited and allow indirect contact through specified intermediaries.

Court Disposition

appeal allowed in part

Orders

  • Original restraining order quashed
  • New restraining order imposed for five years prohibiting direct or indirect contact with Gemma McDade except through Joanne Garnett and/or Wajid Choudry for arranging contact with the children