Our client pleaded (G) pleaded Guilty to an offence of Affray, Assault by Beating and Possession of a Bladed article at Leeds Crown Court and was sentence to a term of imprisonment. The court also imposed a Restraining Order which prevented him from entering the street where the offences took place and where (G)’s partner and child lived.
Philip Mahoney (Solicitor-Advocate) considered that the impact of such an order on (G) was wrong in law and excessive. The terms of the order were also a disproportionate interference of (G)’s right to a family life under the European Convention of Human Rights. A detailed advice and grounds of appeal, setting out the basis upon which he formed his view regarding the restraining order were lodged at the Court of Appeal in order to seek permission to appeal.
The Court of Appeal granted leave to appeal and Mr Mahoney’s submissions resulted in the successful amendment to the Restraining Order which now allows (G) to have contact with his partner and child.
(G) was represented by Philip Mahoney (Solicitor-Advocate) at the Court of Appeal, assisted by Graham Whittingham (Solicitor) from our Leeds office.
