McGhie, R. v

McGhie, R. v

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, lack of treatment, and absence of physical contact. The order to return to custody under section 116 was unlawful as the court lacked jurisdiction. The appropriate sentence is a nine month suspended sentence order, suspended for two years, with a supervision requirement and mandatory attendance at a sex offender groupwork programme.

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecution

Stuart McGhie

Appellant

Procedural Posture

Criminal Appeal / Judgment on 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, lack of treatment, and absence of physical contact. The order to return to custody under section 116 was unlawful as the court lacked jurisdiction. The appropriate sentence is a nine month suspended sentence order, suspended for two years, with a supervision requirement and mandatory attendance at a sex offender groupwork programme.

Court Disposition

appeal allowed

Orders

  • Two year sentence quashed and replaced with nine month suspended sentence order suspended for two years
  • Two year supervision requirement imposed