R v Barry Anthony Drain
[2024] EWCA Crim 945
R v David Joseph Davies
14 June 2024
[2024] EWCA Crim 846
Court of Appeal
A man with a long history of breaking the law broke a court order again by going to his mother's house and refusing to leave. The judge gave him a 16-month prison sentence, and the appeals court agreed that this was a fair punishment considering his past actions.
Key Facts
- •Appellant pleaded guilty to breaching a restraining order (s.363(1) and (3) Sentencing Act 2020).
- •Breach involved entering mother's home uninvited and refusing to leave for 45 minutes.
- •Appellant has 228 prior convictions, including numerous breaches of court orders and bail offences.
- •Sentenced to 16 months' imprisonment.
- •Appeal against sentence was made with leave of a single judge.
Legal Principles
Sentencing for breach of restraining order under s.363(1) and (3) Sentencing Act 2020.
Sentencing Act 2020
Consideration of previous convictions and culpability in sentencing.
Case law (implied)
Appellate court review of sentencing decisions – manifestly excessive.
Case law (implied)
Outcomes
Appeal dismissed.
The judge's sentence was not manifestly excessive. The appellant's extensive criminal record, including numerous prior breaches of court orders, justified the sentence at the top of the guideline range.