Basildon Borough Council v Charlie Anderson (D3) And Ors [2021] EWHC 2734 (QB) (07 October 2021)

D3 admitted breaches of court orders and suspended sentence conditions; persistent, deliberate non-compliance warranted activation of suspended sentence and additional custodial sentence for new breaches; mitigation reduced additional sentence but gravity of conduct required consecutive sentences.

Citation: [2021] EWHC 2734 (QB)
Parties: Claimant: Basildon Borough Council; Third Defendant: Charlie Anderson
Jurisdiction: England and Wales
Judgment Date: 07 October 2021
Procedural Posture: Committal for Contempt and Sentencing / Judgment After Hearing on Committal Application
Outcome: Suspended sentence reactivated; additional custodial sentence imposed; costs awarded to claimant.
Legal Topics: Injunctions, Green Belt Land, Committal for Contempt, Suspended Sentences, Sentencing

Planning Law Contempt of Court Civil Procedure Injunctions Green Belt Land Committal for Contempt Suspended Sentences Sentencing

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Parties

Basildon Borough Council

Claimant

Charlie Anderson

Third Defendant

Procedural Posture

Committal for Contempt and Sentencing / Judgment After Hearing on Committal Application

Legal Issues

1 Whether the third defendant breached injunctive orders and conditions of suspension
2 Appropriate sentence for admitted breaches of court orders

Ratio Decidendi

Court Disposition

Suspended sentence reactivated; additional custodial sentence imposed; costs awarded to claimant.

Orders

D3 to serve 4 months detention at Her Majesty's Pleasure in a Young Offenders Institute for breach of suspended sentence.
D3 to serve 3 months detention consecutively for new breaches of court orders.