Page 307 - 6. 2016 Diary 1st half New 26-05-21 No Table

- The appellant has a number of previous convictions. He was before the courts on six
occasions during 2002, 2003 and 2004 for offences involving vehicle crime, attempted
burglary, an offence of violence, handling stolen goods and using threatening behaviour. He
received a series of community orders and in respect of two of them he was in breach by
reason of these offences.
- The judge heard evidence in addition to that which he found sufficient to make the
ASBO as we have indicated. That, as we have also indicated, will be considered in detail and
in principle on a later occasion.
- For the purposes of today’s hearing we deal simply with the custodial sentence. It is
argued by counsel that the sentence of three years was loo long following a very early plea of
guilty. Applying the principles contained in the well-known case of Mainerney we are
satisfied that this sentence for offences in respect of which early pleas had been entered is too
long. Bearing in mind the clear refusal of the appellant to comply with community orders, a
sentence of custody was inevitable.
- However, the dwelling house burglary, although of quite high value and causing
considerable distress, fell into the category of an offence committed by a first-time burglar,
albeit with those two aggravating features. There was also the receiving of stolen goods
which the appellant must have known had come from a dwelling house burglary. The total
sentence appropriate for that offending, in our judgment, would be one of 18 months.
- We therefore allow the appeal to the extent of reducing the sentences to 18 months
and six months concurrently. To that extent, as we say, the appeal in relation to the custodial
term is allowed.”
The ASBO was in the following form:
“The court found that
(i) The defendant had acted in an anti-social manner which caused or was likely to cause
harassment, alarm, or distress to one or more persons not of the same household as himself as
shown by:
a. The present conviction.
b. His previous convictions; and
c. The summary of anti-social behaviour acts set out in the request form attached
And that
(ii) an order was necessary to protect persons in England and Wales from further anti-social
acts by him.
It is ordered that the defendant, Dean Bones is prohibited from:
In England and Wales:
Entering any public car park within the Basingstoke and Deane Borough Council area, except
in the course of lawful employment.
Entering any land or building on the land which forms a part of educational premises except
as an enrolled pupil with the agreement of the head of the establishment or in the course of
lawful employment.
PART 5 © SWEET & MAXWELL
60,
Simon Cordell’s Skeleton Argument (2) Pdf
Page: 307
R, v DEAN BONES AND OTHERS
In any public place, wearing, or having with you anything which covers, or could be used to
cover, the face or part of the face. This will include hooded clothing, balaclavas, masks, or
anything else which could be used to hide identity, except that a motorcycle helmet may be
worn only when lawfully riding a motorcycle.