McNamara, R. v [2025] EWCA Crim 1783 (19 December 2025)
The sentencing judge correctly categorised the breach as category 1A due to high culpability and risk of very serious harm, given the appellant's history and the nature of the breach. The aggravating and mitigating factors were properly balanced, and the sentence of 3 years' imprisonment was neither wrong in...
Source-derived case information.
- Citation
- [2025] EWCA Crim 1783
- Parties
- Prosecution: Rex; Appellant: Tyrone McNamara
- Jurisdiction
- England and Wales
- Judgment Date
- 19 December 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sexual Harm Prevention Order, Breach of Court Order, Sentencing Guidelines, Risk of Harm, Mitigation and Aggravation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Tyrone McNamara
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in categorising the breach as category 1A under the Sentencing Council guideline
- 2 Whether the aggravating and mitigating factors were properly balanced
- 3 Whether the sentence was manifestly excessive or wrong in principle
Ratio Decidendi
The sentencing judge correctly categorised the breach as category 1A due to high culpability and risk of very serious harm, given the appellant's history and the nature of the breach. The aggravating and mitigating factors were properly balanced, and the sentence of 3 years' imprisonment was neither wrong in principle nor manifestly excessive.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
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