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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Parkinson, R v [2004] EWCA Crim 2757 (13 October 2004) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2004/2757.html Cite as: [2004] EWCA Crim 2757 |
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CRIMINAL DIVISION
The Strand London WC2A 2LL |
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B e f o r e :
(Deputy Chief Justice of England and Wales)
MR JUSTICE MOSES
and
MR JUSTICE ROYCE
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R E G I N A | ||
- v - | ||
SCOTT PARKINSON |
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Smith Bernal, 190 Fleet Street, London EC4
Telephone 020-7421 4040
(Official Shorthand Writers to the Court)
MR D MALONE appeared on behalf of THE CROWN
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Crown Copyright ©
Thursday 21 October 2004
LORD JUSTICE JUDGE: I will ask Mr Justice Royce to give the judgment of the court.
MR JUSTICE ROYCE:
"It will be readily observed from a consideration of the Home Office Guide to Anti-Social Behaviour Orders that the conduct primarily envisaged as triggering these orders was for a less grave offence than street robbery, namely graffiti, abusive and intimidating language, excessive noise, fowling the street with litter, drunken behaviour and drug dealing. Doubtless in drafting that report the Home Office had in mind that courts have considerable powers to restrain robbers. We do not go so far as to suggest that anti-social behaviour orders are necessarily inappropriate in cases with characteristics such as the present. But where custodial sentences in excess of a few months are passed, and offenders are liable to be released on licence, circumstances in which there is demonstrable necessity to make anti-social behaviour orders are likely to be limited. We endorse the suggestion properly made by Miss Dagnall that there will be cases in which geographical restraints may properly supplement licence conditions."
".... Scott Parkinson (a persistent offender), .... has amassed a large number of criminal convictions ranging from burglary to assaults. The majority of these crimes were committed on the ward of Brookfield. Similarly, Parkinson's crimes are predominantly committed in the hours of darkness, in groups of other youths and under the influence of alcohol, indicating a clear pattern of criminal activity."
There is then set out the detail to which we have made reference. It makes depressing reading. It is apparent that in this appellant's case almost every means of sentencing him has been tried with apparent lack of success. He has served custodial sentences on four occasions, although not for as long as three years. In the present case he will be eligible for release after eighteen months.