Chief Constable of Cumbria Constabulary v Harvey Sadik

Chief Constable of Cumbria Constabulary v Harvey Sadik

Given the seventh breach, aggravating circumstances, and immediate admission, the custodial threshold is crossed. The appropriate sentence is 34 days' custody, with activation of the previously suspended sentence, served concurrently.

Parties
Claimant: Chief Constable of Cumbria Constabulary; Defendant: Harvey Sadik
Jurisdiction
England and Wales
Judgment Date
16 October 2024
Procedural Posture
Civil / Sentencing for Breach of Injunction
Outcome
immediate custodial sentence imposed
Legal Topics
Breach of Injunction, Anti Social Behaviour, Sentencing, Concurrent Sentences
Civil Procedure Criminal Law Breach of Injunction Anti Social Behaviour Sentencing Concurrent Sentences

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Parties

Chief Constable of Cumbria Constabulary

Claimant

Harvey Sadik

Defendant

Procedural Posture

Civil / Sentencing for Breach of Injunction

Legal Issues

  1. 1 What is the appropriate sentence for the seventh breach of an anti-social behaviour injunction?
  2. 2 Should the previously suspended sentence be activated?
  3. 3 Should the sentence be suspended or served immediately?

Ratio Decidendi

Given the seventh breach, aggravating circumstances, and immediate admission, the custodial threshold is crossed. The appropriate sentence is 34 days' custody, with activation of the previously suspended sentence, served concurrently.

Court Disposition

immediate custodial sentence imposed

Orders

  • 34 days' custody for breach of injunction
  • Activation of 26-day suspended sentence from 18 March 2024