R v David Joseph Davies
[2024] EWCA Crim 846
R v Nicholas Westguard
11 April 2024
[2024] EWCA Crim 378
Court of Appeal
A man repeatedly harassed his ex-partner despite multiple court orders. He was sentenced to 18 months in prison. His appeal was rejected because the court felt the sentence was fair given his history of breaking the law. The court also decided that he should remain under an indefinite restraining order to protect his victim.
Key Facts
- •Appellant (44) pleaded guilty to three breaches of a restraining order and stalking.
- •Sentenced to 18 months' imprisonment.
- •Extensive history of breaching restraining orders and other offences dating back to 2010.
- •Offences involved persistent harassment of victim (RB) despite multiple previous orders.
- •Victim impact statement detailed significant harm caused by appellant's actions.
- •Appellant's breaches continued even while in prison.
Legal Principles
Sentencing guidelines for breaches of restraining orders (Section 363(1) of the Sentencing Code).
Sentencing Code
Consideration of previous convictions as a statutory aggravating factor.
Sentencing Act 2020, s.59
Consecutive vs. concurrent sentences; principle of avoiding double punishment for the same act.
Case law (implied)
Outcomes
Appeal dismissed.
The 18-month sentence was not excessive considering the appellant's persistent and flagrant disregard for court orders, the significant harm caused to the victim, and the aggravating factors.
Sentence restructured.
The two-month sentence for stalking, arising from the same facts as the restraining order breaches, was made concurrent rather than consecutive to avoid double punishment.
Unlimited restraining order upheld.
Given the appellant's history of ignoring time-limited orders, an unlimited order was deemed necessary to protect the victim.