Smith, R v

Smith, R v

The sentencing judge took too high a starting point and did not give reasons for departing from the guidelines; an appropriate sentence, after credit for a late guilty plea, is 12 months' imprisonment.

Parties
Prosecutor: Regina; Appellant: Roy Anthony Smith
Jurisdiction
England and Wales
Judgment Date
03 September 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Breach of Restraining Order, Sentencing, Harassment, Domestic Violence
Criminal Law Breach of Restraining Order Sentencing Harassment Domestic Violence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Roy Anthony Smith

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for breach of a restraining order was excessive
  2. 2 Whether the sentencing judge properly applied the Sentencing Guidelines Council definitive guidelines

Ratio Decidendi

The sentencing judge took too high a starting point and did not give reasons for departing from the guidelines; an appropriate sentence, after credit for a late guilty plea, is 12 months' imprisonment.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence reduced to 12 months' imprisonment