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Sentence appeal dismissed; jump in penalty for serial court order breacher upheld.
The appellant appealed a 12-month custodial sentence, less 5 months pre-sentence credit, imposed for disobeying a court order under the Prevention of and Remedies for Human Trafficking Act, 2017, which prohibited him from contacting or being near the complainant.
He argued the sentencing judge failed to respect the jump principle, as his prior sentences for breach of court orders had never exceeded 90 days.
The Court of Appeal dismissed the appeal, holding that the jump principle is not iron-clad and departure was warranted given the appellant's 18 prior convictions for disobeying court orders, his lack of rehabilitative progress, and the ineffectiveness of previous sanctions.
The sentence fell within the applicable range and was not demonstrably unfit.
