CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT BRADFORD
MR RECORDER JACKSON 13BD0989423
Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE GARNHAM
RECORDER OF LIVERPOOL
HIS HONOUR JUDGE MENARY KC
(Sitting as a Judge of the CACD)
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REX | ||
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NATHAN FOSTER |
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Lower Ground, 46 Chancery Lane, London WC2A 1JE
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
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Crown Copyright ©
MR JUSTICE GARNHAM:
1. The judge erred in finding the appellant dangerous.
2. The decision to impose an extended sentence was wrong in principle.
3. In any event, the extended licence period was manifestly excessive.
4. The custodial element of the sentence for false imprisonment was manifestly excessive.
5. The length of the restraining order was disproportionate and
6. Prohibition 2 of the restraining order was disproportionate and ambiguous.
"As the sentencing guidelines now make plain, the fact that an offence, including necessarily that of kidnap, occurs in the domestic context, and in particular, in the context of an abusive personal relationship, will be an aggravating factor; indeed it is likely to be a seriously aggravating factor, rather than a factor to be deployed or relied on in mitigation."