Berwick Borough Housing v Robertson [2018] EWFC B27 (05 June 2018)

Berwick Borough Housing v Robertson [2018] EWFC B27 (05 June 2018)

The defendant deliberately breached the injunction by being present at the address, but mitigating factors including acceptance of the breach, lack of disruptive behaviour, and concern for the resident justify a reduced sentence.

Citation
[2018] EWFC B27
Parties
Claimant: Claimant; Defendant: Defendant
Jurisdiction
England and Wales
Judgment Date
05 June 2018
Procedural Posture
Sentencing Hearing for Breach of Injunction / Sentencing
Outcome
Defendant sentenced to 30 days immediate imprisonment.
Legal Topics
Breach of Injunction, Sentencing, Anti Social Behaviour Orders
Civil Law Housing Law Anti Social Behaviour Breach of Injunction Sentencing Anti Social Behaviour Orders

Case Brief

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Sentencing Hearing for Breach of Injunction / Sentencing

Legal Issues

  1. 1 Whether the defendant breached the anti-social behaviour injunction by entering 12 Sea View on 2 June 2018
  2. 2 Appropriate sentence for admitted breach

Ratio Decidendi

The defendant deliberately breached the injunction by being present at the address, but mitigating factors including acceptance of the breach, lack of disruptive behaviour, and concern for the resident justify a reduced sentence.

Court Disposition

Defendant sentenced to 30 days immediate imprisonment.

Orders

  • 30 days immediate imprisonment for breach of injunction.