Browne-Morgan, R. v [2016] EWCA Crim 1903 (15 December 2016)

Browne-Morgan, R. v [2016] EWCA Crim 1903 (15 December 2016)

The sentencing judge was entitled to conclude, on the evidence, that the statutory conditions for a CBO were met and that the prohibitions (including those relating to association and area restrictions) were justified to prevent further offending, but the geographical prohibition required amendment for clarity and proportionality.

Citation
[2016] EWCA Crim 1903
Parties
Respondent: Regina; Appellant: Samuel Browne-Morgan
Jurisdiction
England and Wales
Judgment Date
15 December 2016
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Criminal Behaviour Order, Sentencing, Drug Offences, Appeal Procedure
Criminal Law Criminal Behaviour Order Sentencing Drug Offences Appeal Procedure

Case Brief

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Parties

Regina

Respondent

Samuel Browne-Morgan

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the conditions for imposing a Criminal Behaviour Order (CBO) under section 22 of the Anti-Social Behaviour, Crime and Policing Act 2014 were met
  2. 2 Whether the terms of the CBO, specifically prohibitions 2, 3, and 5, were justified and proportionate

Ratio Decidendi

The sentencing judge was entitled to conclude, on the evidence, that the statutory conditions for a CBO were met and that the prohibitions (including those relating to association and area restrictions) were justified to prevent further offending, but the geographical prohibition required amendment for clarity and proportionality.

Court Disposition

Appeal allowed in part

Orders

  • Prohibition 2 of the CBO is amended to prohibit the appellant from congregating in a public place in a group of two or more persons in a manner causing or likely to cause any person to fear for their safety; otherwise, the CBO stands as imposed.