R v Terry Dervan

R v Terry Dervan

The breach offences were miscategorised as causing very serious harm; evidence only supported serious harm. The correct categorisation reduces the sentencing range, and the original sentence was manifestly excessive. The appropriate sentence after trial for the appellant's total criminality was in the region of 4 years' imprisonment, equating to 32 months after full credit for guilty pleas.

Parties
Prosecutor: Rex; Appellant: Terry Dervan; Victim: Sarah Howarth; Witness: Arshad Rigby
Jurisdiction
England and Wales
Judgment Date
26 November 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Assault, Breach of Non Molestation Order, Racially Aggravated Stalking, Sentencing, Domestic Abuse
Criminal Law Family Law Assault Breach of Non Molestation Order Racially Aggravated Stalking Sentencing Domestic Abuse

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Parties

Rex

Prosecutor

Terry Dervan

Appellant

Sarah Howarth

Victim

Arshad Rigby

Witness

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the categorisation of harm for breach of non-molestation order was correct
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The breach offences were miscategorised as causing very serious harm; evidence only supported serious harm. The correct categorisation reduces the sentencing range, and the original sentence was manifestly excessive. The appropriate sentence after trial for the appellant's total criminality was in the region of 4 years' imprisonment, equating to 32 months after full credit for guilty pleas.

Court Disposition

appeal allowed

Orders

  • Sentence of 4 years' imprisonment quashed on first breach offence
  • Substituted sentence of 32 months' imprisonment