Illing, R v, Court of Appeal - Criminal Division, August 18, 2017, [2017] EWCA Crim 1347

Resolution Date:August 18, 2017
Issuing Organization:Criminal Division
Actores:Illing, R v
 
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Case No: 201701789/A2

Neutral Citation Number: [2017] EWCA Crim 1347

IN THE COURT OF APPEAL

CRIMINAL DIVISION

Royal Courts of Justice

Strand

London, WC2A 2LL

Friday, 18 August 2017

B e f o r e:

MR JUSTICE SWEENEY

MR JUSTICE HOLROYDE

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R E G I N A

v

LEE BARRY ILLING

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Computer Aided Transcript of the Stenograph Notes of WordWave International Ltd trading as DTI, 165 Street London EC4A 2DY, Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)

This transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.

If this transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.

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Mr P Donegan (Solicitor Advocate) appeared on behalf of the Appellant

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J U D G M E N T1. MR JUSTICE HOLROYDE: On 22nd March 2017, in the Crown Court at Ipswich, this appellant pleaded guilty to four offences of acting in breach of a restraining order, contrary to section 5 of the Protection from Harassment Act 1997 and one offence of failing to comply with notification requirements, contrary to section 91 of the Sexual Offences Act 2003. The first four offences were charged on counts 1, 2, 6 and 7 of an indictment. The failure to comply with notification requirements was charged in count 3.

  1. The learned judge imposed sentences of 15 months concurrent on each of counts 1, 2, 6 and 7 and 15 months consecutive on count 3. Thus the total sentence was one of 30 months' imprisonment. The appellant appeals against that sentence by leave of the single judge.

  2. In order to set the offences in their proper context it is appropriate to start by referring to the appellant's previous history of offending. He began as a juvenile. As a young adult he committed a number of serious offences of dishonesty and offences of violence. Then coming to matters relevant to his attitude towards the orders of the court, we note that in October 2009 he received a short prison sentence for breach of a restraining order. In August 2012 he was convicted of a sexual offence, for which a prison sentence was imposed and he was made subject to a restraining order. On 13th February 2015 he received a sentence of 12 weeks' imprisonment for failing to comply with the notification requirements. On 30th January 2016, he again received a sentence of 12 weeks' imprisonment for a...

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