Key Facts
- •Liam Daniel Bate (appellant), a 35-year-old with prior convictions, was sentenced to 112 weeks' imprisonment and a restraining order.
- •The restraining order prohibited contact with the complainant and their child, except through Children's Services or solicitors for child contact arrangements.
- •The order stemmed from a 15-year relationship marked by the appellant's abusive behavior, stalking, and a battery incident involving the complainant and their daughter.
- •The appellant breached bail conditions by contacting the complainant and visiting restricted areas.
- •The restraining order's duration was initially set at 10 years.
Legal Principles
In restraining orders involving domestic settings and children, courts must consider the views of the protected person, ensure necessity, proportionality to prevent harm, and prevent the order from hindering appropriate parent-child contact.
R v Khellaf [2016] EWCA Crim 1297; [2017] 1 Cr App R(S)
Restraining orders should be worded to ensure effective communication, even if it involves using named third parties instead of solely relying on solicitors.
R v Awan [2019] EWCA Crim 1456; [2024] 1 WLR 31
Outcomes
The appeal was allowed in part.
The court found the inclusion of the child in the restraining order justified due to the child witnessing the battery and displaying fear of the appellant. However, the 10-year duration was deemed excessive, reduced to 5 years. The wording regarding contact was amended to replace 'Children’s Services/Solicitors' with 'Mrs Samantha Greenwell/Solicitors' to ensure effective communication.