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R v Lawrence Barnard (2006)

A five-year anti-social behaviour order made in addition to 15 months’ imprisonment for theft was manifestly excessive as it did not satisfy the test of necessity.

11 August 2006

The appellant (B) appealed against a sentence of 15 months’ imprisonment and an anti-social behaviour order. B had pleaded guilty to theft from a motor vehicle and attempting to take a vehicle without consent. B submitted that, in the circumstances, a sentence of 15 months’imprisonment was manifestly excessive and argued that the judge had failed to consider his early guilty plea. He further submitted that insufficient weight had been given to his determination to break a drug addiction that had fuelled his criminal behaviour. He contended that the imposition of an ASBO was manifestly excessive under the principle of totality, and that the ASBO covered offences already dealt with by statute and was too widely drafted to be enforced effectively.

HELD: Appeal allowed in part

In light of B’s previous convictions, his failure in the past to address his behaviour, and the fact that the offences had been committed shortly after his release on licence from prison, a sente...

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