Rush, R. v

Rush, R. v

The sentence imposed was excessive given the nature of the burglary and the aggravating circumstances; a twelve-month custodial sentence was appropriate. The Anti-Social Behaviour Order was justified for the protection of the parents but its duration should be reduced to five years.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Paul David Rush
Jurisdiction
England and Wales
Judgment Date
12 May 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Burglary, Sentencing, Anti Social Behaviour Orders
Criminal Law Burglary Sentencing Anti Social Behaviour Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Paul David Rush

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentence imposed for burglary was excessive
  2. 2 Whether the Anti-Social Behaviour Order was justified and appropriately lengthy

Ratio Decidendi

The sentence imposed was excessive given the nature of the burglary and the aggravating circumstances; a twelve-month custodial sentence was appropriate. The Anti-Social Behaviour Order was justified for the protection of the parents but its duration should be reduced to five years.

Court Disposition

appeal allowed in part

Orders

  • The custodial sentence of two-and-a-half years is quashed and replaced with twelve months' imprisonment.
  • The Anti-Social Behaviour Order is upheld but its duration is reduced to five years.