Mark Hillman [2019] EWCA Crim 1437

The applicant pleaded guilty to breaching a restraining order and stalking involving fear of violence and serious alarm or distress and was sentenced to a total of 24 months’ imprisonment. The offending had placed him in breach of a suspended sentence order which was imposed for breach of the restraining order.

The complainant was a former partner of the applicant, and there was a history of offending involving her. The probation service declined to provide a pre-sentence report due to a history of non-compliance, and the judge made clear his reasons for sentencing without a report.

A custodial sentence was inevitable, notwithstanding that at a previous hearing the court had directed the preparation of a pre-sentence report the judge was entitled to conclude a report was not necessary. The sentence was not manifestly excessive, and the renewed application for leave to appeal was dismissed.