CUSHEN, R. v [2024] EWCA CRIM 38, JANUARY 16, 2024.

FACTS: The accused pleaded guilty to the offence of breaching a “restraining order” that had been issued in relation to his former intimate partner, whom he had been convicted of assaulting and harassing. The circumstances of the breach were described by the Court of Appeal in the following manner (at paragraphs 9 and 10):

At about 5 pm on 21 November 2022 he contacted Ms Mance via Facebook Messenger. The messages began with him saying that he knew it was a risk to message her. He continued by saying that he wanted closure and he apologised for messaging her. The conversation continued with the appellant asking Ms Mance to make sure that their son did not forget him, and then making a request not to tell anybody that he had messaged her. The messages on that day ended with the appellant asking her to give their son a big kiss, which she said she would. That he was missing his son had been a theme throughout those exchanges.

She then initiated a further exchange the following day by contacting him and saying: “You’ve further messed with my head messaging me.” Those exchanges became more argumentative and antagonistic, with the appellant asking her to facilitate child contact and to drop the order against him. Ms Mance made repeated requests that the appellant stop contacting her and go through the proper channels in order to see his son. The appellant eventually agreed, stating that she would not hear from him again.

The sentencing judge imposed a period of three years of imprisonment.  The accused appealed from sentence.

HELD: The appeal was allowed.  The sentence was reduced to a period of twenty months of imprisonment.  The Court of Appeal indicated that but for the “early plea”, an appropriate sentence would have been two and one-half years of imprisonment (see paragraph 17).