Gough, R. v

Gough, R. v

Exclusion of the appellant from trial for refusal to wear clothes was lawful as permitting nakedness would constitute a further breach of the Anti-social Behaviour Order; the sentence imposed was justified by the appellant's persistent conduct and history of non-compliance.

Parties
Respondent: Regina; Applicant: Stephen Gough
Jurisdiction
England and Wales
Judgment Date
09 June 2015
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal against conviction dismissed; application for leave to appeal against sentence rejected
Legal Topics
Breach of Anti Social Behaviour Order, Fair Trial Rights, Freedom of Expression, Manifestation of Belief, Sentencing
Criminal Law Human Rights Breach of Anti Social Behaviour Order Fair Trial Rights Freedom of Expression Manifestation of Belief Sentencing

Case Brief

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Parties

Regina

Respondent

Stephen Gough

Applicant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether exclusion of the appellant from trial for refusal to wear clothes was lawful
  2. 2 Whether the appellant had a reasonable excuse for breaching the Anti-social Behaviour Order
  3. 3 Whether the sentence imposed was excessive and disproportionate

Ratio Decidendi

Exclusion of the appellant from trial for refusal to wear clothes was lawful as permitting nakedness would constitute a further breach of the Anti-social Behaviour Order; the sentence imposed was justified by the appellant's persistent conduct and history of non-compliance.

Court Disposition

appeal against conviction dismissed; application for leave to appeal against sentence rejected

Orders

  • application for extension of time granted
  • conviction upheld