McGhie, R. v [2007] EWCA Crim 1085 (17 April 2007)

McGhie, R. v [2007] EWCA Crim 1085 (17 April 2007)

The sentence of two years' imprisonment for breach of the Anti-Social Behaviour Order was manifestly excessive and wrong in principle given the appellant's compulsion and lack of treatment; the order to return to custody under section 116 was unlawful as per precedent; a suspended sentence with supervision and treatment is appropriate.

Citation
[2007] EWCA Crim 1085
Parties
Prosecution: Regina; Appellant: Stuart McGhie
Jurisdiction
England and Wales
Judgment Date
17 April 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Breach of Anti Social Behaviour Order, Sentencing, Lawfulness of Custodial Order, Suspended Sentence, Supervision Requirement
Criminal Law Breach of Anti Social Behaviour Order Sentencing Lawfulness of Custodial Order Suspended Sentence Supervision Requirement

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Parties

Regina

Prosecution

Stuart McGhie

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for breach of Anti-Social Behaviour Order was manifestly excessive
  2. 2 Whether the order to return to custody under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 was lawful
  3. 3 Appropriateness of treatment versus immediate custody

Ratio Decidendi

The sentence of two years' imprisonment for breach of the Anti-Social Behaviour Order was manifestly excessive and wrong in principle given the appellant's compulsion and lack of treatment; the order to return to custody under section 116 was unlawful as per precedent; a suspended sentence with supervision and treatment is appropriate.

Court Disposition

appeal allowed

Orders

  • Two year sentence quashed and substituted with nine months' imprisonment suspended for two years
  • Two year supervision requirement imposed