Browne-Morgan, R. v

Browne-Morgan, R. v

The court was entitled to consider that restricting the appellant's movements and associations would help prevent behaviour causing harassment, alarm or distress. The prohibition regarding Southwark was amended for clarity and proportionality.

Parties
Respondent: Regina; Appellant: Samuel Browne-Morgan
Jurisdiction
England and Wales
Judgment Date
15 December 2016
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Criminal Behaviour Order, Drug Offences, Prohibition Orders, Appeal Procedure
Criminal Law Criminal Behaviour Order Drug Offences Prohibition Orders Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Samuel Browne-Morgan

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the conditions for imposing a Criminal Behaviour Order under section 22 of the Anti-Social Behaviour, Crime and Policing Act 2014 were met
  2. 2 Whether specific prohibitions in the CBO were justified and proportionate

Ratio Decidendi

The court was entitled to consider that restricting the appellant's movements and associations would help prevent behaviour causing harassment, alarm or distress. The prohibition regarding Southwark was amended for clarity and proportionality.

Court Disposition

appeal allowed in part

Orders

  • Prohibition 2 of the CBO amended to: 'Congregate 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'
  • Other prohibitions in the CBO remain unchanged