COURT OF APPEAL (CRIMINAL DIVISION)
Strand, London, WC2A 2LL |
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B e f o r e :
MR JUSTICE FIELD
HIS HONOUR JUDGE MOSS QC
(Sitting as a Judge of the Court of Appeal Criminal Division)
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Adam Lawson |
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Crown Copyright ©
Mr Justice Field:
"... not to own nor borrow any motor vehicle or occupy the driver's seat of a motor vehicle on a road or other public place until further order."
"(1) drive, attempt or drive or allow himself to be carried in any motor vehicle which has been taken without the consent of the owner or other lawful authority, and (2) drive or attempt to drive a motor vehicle until after the expiration of his period of disqualification."
"In our judgment this decision of the court [he was referring to the decision of P] and the earlier case of C serve to demonstrate that to make an Antisocial behaviour Order in a case such as the present case, where the underlying objective was to give the court higher sentencing powers in the event of future similar offending is not a use of the power which should normally be exercised."
"In our judgment the making of an order of this sort should not be a normal part of a sentencing process, particularly in cases which do not in themselves specifically involve intimidation, harassment and distress. It is an exceptional course to be taken in particular circumstances. There was, in our judgment, nothing in this case, despite the deplorable record of the appellant for offences of this sort, to justify the use of this power in the present case. Its effect was no more than to transfer any such offences into a different offence, namely breach of an Antisocial Behaviour Order, so as to increase the potential penalty. In our judgment that was unwarranted in this case in the absence of exceptional circumstances."