Picken, R. v
The custodial sentence was not excessive given the applicant's conduct and prior record; however, the restraining order was improperly made without confirming the victim's wishes and should be set aside.
- Parties
- Prosecution: Regina; Applicant: Wayne Derek Picken
- Jurisdiction
- England and Wales
- Judgment Date
- 31 August 2006
- Procedural Posture
- Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence and Restraining Order
- Outcome
- Leave to appeal refused for custodial sentence; leave granted and appeal allowed for restraining order.
- Legal Topics
- Harassment, Common Assault, Restraining Orders, Sentencing, Appeals
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Wayne Derek Picken
Applicant
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence and Restraining Order
Legal Issues
- 1 Whether the custodial sentence was excessive
- 2 Whether the restraining order was properly made
Ratio Decidendi
The custodial sentence was not excessive given the applicant's conduct and prior record; however, the restraining order was improperly made without confirming the victim's wishes and should be set aside.
Court Disposition
Leave to appeal refused for custodial sentence; leave granted and appeal allowed for restraining order.
Orders
- Restraining order set aside.
- Custodial sentence upheld.
Full Case Text
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