Longhurst Homes Ltd v Killen

Longhurst Homes Ltd v Killen

The judge was entitled to impose an immediate custodial sentence for deliberate and repeated breaches of the injunction, especially after a clear warning. The sentence of nine months, though stiff, was within the legitimate bracket and not manifestly excessive.

Parties
Appellant: Longhurst Homes Ltd; Respondent: Killen
Jurisdiction
England and Wales
Judgment Date
11 March 2008
Procedural Posture
Civil Appeal / Appeal From Sentence for Contempt of Court
Outcome
appeal dismissed
Legal Topics
Breach of Injunction, Sentencing for Contempt, Anti Social Behaviour
Civil Procedure Contempt of Court Breach of Injunction Sentencing for Contempt Anti Social Behaviour

Case Brief

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Parties

Longhurst Homes Ltd

Appellant

Killen

Respondent

Procedural Posture

Civil Appeal / Appeal From Sentence for Contempt of Court

Legal Issues

  1. 1 Whether the sentence of nine months for contempt of court was manifestly excessive
  2. 2 Appropriate approach to sentencing for repeated breaches of an anti-social behaviour injunction

Ratio Decidendi

The judge was entitled to impose an immediate custodial sentence for deliberate and repeated breaches of the injunction, especially after a clear warning. The sentence of nine months, though stiff, was within the legitimate bracket and not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.