R v Pavell Raussul

R v Pavell Raussul

Given the appellant's high level of compliance with the community order, the imposition of a four week curfew was manifestly excessive; a ten day curfew was the appropriate penalty.

Parties
Prosecutor: Rex; Appellant: Pavell Raussul
Jurisdiction
England and Wales
Judgment Date
09 November 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Breach of Community Order, Sentencing, Appeal Against Sentence
Criminal Law Breach of Community Order Sentencing Appeal Against Sentence

Case Brief

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Parties

Rex

Prosecutor

Pavell Raussul

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for breach of a community order was manifestly excessive

Ratio Decidendi

Given the appellant's high level of compliance with the community order, the imposition of a four week curfew was manifestly excessive; a ten day curfew was the appropriate penalty.

Court Disposition

appeal allowed

Orders

  • The sentence of a four week electronically monitored curfew is quashed and substituted with a ten day electronically monitored curfew between 7 pm and 7 am at the appellant's home address.