Practice and Procedure

R v JUSTIN JAMES YOUNG (2013)

PUBLISHED November 13, 2013
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A defendant's sentence of 12 months' imprisonment imposed following his guilty plea to breaching a restraining order made under the Protection from Harassment Act 1997 s.5A following his acquittal of a charge of rape, which had been made in order to protect the complainant and her family, involved a departure from the sentencing guidelines by adopting an 18-month starting point. That departure was, however, fully justified given the defendant's history of failing to comply with orders regulating his conduct. The court emphasised that judges departing from sentencing guidelines were under a duty to explain their reasons for doing so.

CA (Crim Div) (Lloyd Jones LJ, Irwin J, Green J)

13/11/2013

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