Lee Parsons [2019] EWCA Crim 1451

The appellant was committed to crown court for sentence for breach of a restraining order and harassment without violence and sentenced to a total of 3 years’ imprisonment. He had a history of offending against the victim, his former wife, including numerous breaches of a restraining order. In this case, he persistently tried to contact his former wife, as he had become aware she was starting a new relationship. He also sent messages to his daughter requesting information and being abusive.

The sentencing judge referred to how he had made his former wife’s life a misery and blamed his children for not reporting to him about her. Additionally, none of the community orders he had been given had had any impact on his offending.

The sentence was quashed and replaced with one of 28 months’ imprisonment. Part of the basis for the appeal was a miscalculation of the credit for the guilty plea. The Court observed that it was incumbent on counsel in these circumstances to point out the error at the time or within the slip rule period. “This court should not be troubled by cases based simply on mathematical errors which can be corrected without the waste of public resources and the additional anxiety caused to victim and appellants of the matter having to come to this court.”