Amicus Horizon Ltd v Thorley

The sentence imposed was excessive in light of the Sentencing Guidelines Council recommendations; the conduct was at the lower end of the relevant category and warranted a reduced custodial sentence.

Parties: Applicant: Amicus Horizon Ltd; Respondent: Thorley
Jurisdiction: England and Wales
Judgment Date: 30 May 2012
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Antisocial Behaviour Injunction, Breach of Injunction, Sentencing Guidelines, Possession Proceedings

Civil Procedure Housing Law Criminal Law Antisocial Behaviour Injunction Breach of Injunction Sentencing Guidelines Possession Proceedings

Case Brief

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Parties

Amicus Horizon Ltd

Applicant

Thorley

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the sentence for breach of antisocial behaviour injunction was excessive
2 Appropriate application of Sentencing Guidelines Council recommendations

Ratio Decidendi

The sentence imposed was excessive in light of the Sentencing Guidelines Council recommendations; the conduct was at the lower end of the relevant category and warranted a reduced custodial sentence.

Court Disposition

appeal allowed

Orders

Total sentence substituted: six weeks imprisonment, comprising six weeks for each of the two main breaches and two weeks for each of the lesser breaches, all to run concurrently from date of re-arrest.