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Kenworthy's Chambers

Robert Lassey Succeeds in the Court of Appeal

by Kenworthy's Chambers 08/01/2020

Robert Lassey instructed by A & M Solicitors, successfully appealed against a sentence of 24 months imprisonment, imposed for what were described by the Court as flagrant and repeated breaches of a Restraining Order against a former partner.

The Appellant sought to appeal the decision, arguing that the sentencing Judge had mis-applied the guidelines in that he improperly took account of, and overstated, the victim's level of distress when arriving at a decision as to categorisation.

The court agreed, concluding that the sentences passed were manifestly excessive, commenting that although the Learned Judge was entitled to infer significant harm or distress was caused to the victim as a result of these offences, such as to place the harm in Category 2, he was not entitled, without the benefit of a VPS or psychological assessment, to infer that Category 1 harm had been caused. As such, the sentences were quashed on each count, and replaced with sentences of 12 months imprisonment, all to run concurrently.