R v Barry Anthony Drain
[2024] EWCA Crim 945
R v Pavell Raussul
14 August 2024
[2024] EWCA Crim 1029
Court of Appeal
A man was given a month of curfew for missing some community service appointments. A higher court decided that was too harsh because he'd already done most of his community service, so they reduced his curfew to just ten days.
Key Facts
- •Pavell Raussul was sentenced to a 12-month community order for assault by beating.
- •He breached the order by failing to attend probation appointments and unpaid work.
- •He was subsequently sentenced to a four-week electronically monitored curfew for the breach.
- •He appealed the four-week curfew sentence.
Legal Principles
Sentencing Council Definitive Guideline for breach of a community order.
Sentencing Council Definitive Guideline
Outcomes
Appeal allowed. Four-week curfew reduced to ten days.
The Court of Appeal found the four-week curfew manifestly excessive given the appellant's substantial compliance with the community order and the mitigating circumstances of his actions. The guideline suggests a curfew of 6-10 days in similar circumstances of near-complete compliance.