Amicus Horizon Ltd v Thorley [2012] EWCA Civ 817 (30 May 2012)

Amicus Horizon Ltd v Thorley [2012] EWCA Civ 817 (30 May 2012)

The original four-month imprisonment sentence was excessive given the conduct was at the lower end of the relevant category under the Sentencing Guidelines; a total sentence of six weeks' imprisonment, with sentences for each breach to run concurrently, was appropriate.

Source-derived case information.

Citation
[2012] EWCA Civ 817
Parties
Appellant: Amicus Horizon Ltd; Respondent: Thorley
Jurisdiction
England and Wales
Judgment Date
30 May 2012
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Antisocial Behaviour Injunction, Breach of Injunction, Possession Proceedings, Sentencing Guidelines
Civil Procedure Housing Law Sentencing Antisocial Behaviour Injunction Breach of Injunction Possession Proceedings Sentencing Guidelines

Source-derived case record

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Parties

Amicus Horizon Ltd

Appellant

Thorley

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence for breaches of antisocial behaviour injunction was excessive
  2. 2 Appropriate application of Sentencing Guidelines Council recommendations in civil committal proceedings

Ratio Decidendi

The original four-month imprisonment sentence was excessive given the conduct was at the lower end of the relevant category under the Sentencing Guidelines; a total sentence of six weeks' imprisonment, with sentences for each breach to run concurrently, was appropriate.

Court Disposition

appeal allowed

Orders

  • Total sentence reduced to six weeks' imprisonment, sentences for each breach to run concurrently from date of re-arrest.