Birmingham City Council v Fellows [2015] EW Misc B12 (CC) (21 May 2015)

Birmingham City Council v Fellows [2015] EW Misc B12 (CC) (21 May 2015)

Given the defendant's repeated breaches of the antisocial behaviour order, including a breach less than two months after a suspended sentence was imposed for similar conduct, the court is bound to activate the suspended sentence in full and impose an additional custodial sentence for the latest breach.

Citation
[2015] EW Misc B12 (CC)
Parties
Claimant: Birmingham City Council; Defendant: Graham Thomas Fellows
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Committal Application / Hearing and Sentencing
Outcome
suspended sentence activated; additional custodial sentence imposed
Legal Topics
Antisocial Behaviour Order, Breach of Injunction, Contempt of Court, Sentencing
Criminal Law Civil Procedure Antisocial Behaviour Order Breach of Injunction Contempt of Court Sentencing

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Parties

Birmingham City Council

Claimant

Graham Thomas Fellows

Defendant

Procedural Posture

Committal Application / Hearing and Sentencing

Legal Issues

  1. 1 Whether the defendant breached the antisocial behaviour order
  2. 2 Whether the suspended sentence should be activated
  3. 3 What is the appropriate sentence for the latest breach

Ratio Decidendi

Given the defendant's repeated breaches of the antisocial behaviour order, including a breach less than two months after a suspended sentence was imposed for similar conduct, the court is bound to activate the suspended sentence in full and impose an additional custodial sentence for the latest breach.

Court Disposition

suspended sentence activated; additional custodial sentence imposed

Orders

  • Activation of three-month suspended sentence (90 days)
  • Additional sentence of three months (reduced to 72 days for time on remand)