Walsall Housing Group v Carter [2016] EW Misc B30 (CC) (12 October 2016)

Walsall Housing Group v Carter [2016] EW Misc B30 (CC) (12 October 2016)

The Defendant breached the injunction on 12 August and 21 September 2016 by using abusive, threatening, and racist language towards the Berry family and others, and admitted threatening behaviour on 18 September 2016. The breaches were proved beyond reasonable doubt and constitute contempt of court. The pattern of behaviour and aggravating factors warrant a custodial sentence.

Citation
[2016] EW Misc B30 (CC)
Parties
Applicant/claimant: Walsall Housing Group; Defendant/respondent: Daniel Alan Carter
Jurisdiction
England and Wales
Judgment Date
12 October 2016
Procedural Posture
Committal Application for Breach of Injunction / Final Judgment After Hearing
Outcome
Defendant found in contempt for breaches of injunction; custodial sentence imposed
Legal Topics
Breach of Injunction, Neighbour Disputes, Racist Abuse, Sentencing for Contempt
Civil Contempt Housing Law Anti Social Behaviour Breach of Injunction Neighbour Disputes Racist Abuse Sentencing for Contempt

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Parties

Walsall Housing Group

Applicant/claimant

Daniel Alan Carter

Defendant/respondent

Procedural Posture

Committal Application for Breach of Injunction / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant breached the terms of the injunction granted on 5 April 2016
  2. 2 Whether the alleged conduct constitutes contempt of court
  3. 3 Appropriate sentence for breach of injunction

Ratio Decidendi

The Defendant breached the injunction on 12 August and 21 September 2016 by using abusive, threatening, and racist language towards the Berry family and others, and admitted threatening behaviour on 18 September 2016. The breaches were proved beyond reasonable doubt and constitute contempt of court. The pattern of behaviour and aggravating factors warrant a custodial sentence.

Court Disposition

Defendant found in contempt for breaches of injunction; custodial sentence imposed

Orders

  • Defendant committed to prison for eight weeks for breaches on 12 August and 21 September 2016
  • No sentence imposed for breach on 18 September 2016