Humphries, R. v [2005] EWCA Crim 3469 (2 December 2005)

Humphries, R. v [2005] EWCA Crim 3469 (2 December 2005)

The geographic restrictions in the restraining order relating to LB were not drafted in clear, precise, or practical terms, creating uncertainty and failing to meet statutory requirements. The second limb of the restraining order is deleted; the first limb is amended to prohibit contact with LB or her immediate family for five years.

Citation
[2005] EWCA Crim 3469
Parties
Prosecution: Regina; Appellant: Steven Humphries
Jurisdiction
England and Wales
Judgment Date
02 December 2005
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Restraining Orders, Harassment, Sentencing, Appeal Procedure
Criminal Law Restraining Orders Harassment Sentencing Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

Steven Humphries

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the restraining order relating to LB was drafted in clear, precise, and practical terms
  2. 2 Whether the restraining order's geographic restrictions were necessary and lawful

Ratio Decidendi

The geographic restrictions in the restraining order relating to LB were not drafted in clear, precise, or practical terms, creating uncertainty and failing to meet statutory requirements. The second limb of the restraining order is deleted; the first limb is amended to prohibit contact with LB or her immediate family for five years.

Court Disposition

appeal allowed in part

Orders

  • Second limb of restraining order relating to LB deleted
  • First limb amended to prohibit contact with LB or her immediate family for five years