||All England Reporter
|| All ER (D) 267 (Nov)
|| EWCA Crim 1840
||Court of Appeal, Criminal Division
Maurice Kay LJ, Field J and Judge Moss QC
||Nicholas Bradley, solicitor advocate (assigned by the Registrar of Criminal Appeals) for the defendant.
||1 July 2005
Sentence - Anti-social behaviour order - Effect of order - Driving offences - Whether substantial effect of order being no more than to increase potential penalty - Whether order justified and proportionate - Whether judge entitled to impose order.
In the circumstances of the instant case, where the defendant had pleaded guilty to, inter alia, driving whilst disqualified and driving with excess alcohol, the anti-social behaviour order imposed, preventing the defendant from owning or borrowing any motor vehicle until further order would be quashed. The substantial effect of the anti-social behaviour order imposed in the instant case was no more than to transfer any such offences into a different offence, namely breach of an anti-social behaviour order, so as to increase the potential penalty. In all the circumstances of the instant case, the order was unjustified and disproportionate.
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