Birmingham City Council v Alexander [2016] EW Misc B16 (CC) (08 June 2016)

Birmingham City Council v Alexander [2016] EW Misc B16 (CC) (08 June 2016)

A custodial sentence is warranted due to repeated breaches of the injunction with significant impact, but the sentence is suspended due to first offence, admissions, apology, and some improvement in behaviour.

Citation
[2016] EW Misc B16 (CC)
Parties
Defendant: Mr. Alexander; Complainant: Ms Depper
Jurisdiction
England and Wales
Judgment Date
08 June 2016
Procedural Posture
Civil Contempt Proceedings / Sentencing After Admission of Breaches
Outcome
six weeks imprisonment suspended for twelve months
Legal Topics
Antisocial Behaviour Injunction, Contempt of Court, Sentencing, Suspended Sentence
Civil Procedure Housing Law Antisocial Behaviour Injunction Contempt of Court Sentencing Suspended Sentence

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Parties

Mr. Alexander

Defendant

Ms Depper

Complainant

Procedural Posture

Civil Contempt Proceedings / Sentencing After Admission of Breaches

Legal Issues

  1. 1 Whether the defendant breached the antisocial behaviour injunction
  2. 2 Appropriate sentence for admitted breaches

Ratio Decidendi

A custodial sentence is warranted due to repeated breaches of the injunction with significant impact, but the sentence is suspended due to first offence, admissions, apology, and some improvement in behaviour.

Court Disposition

six weeks imprisonment suspended for twelve months

Orders

  • Defendant sentenced to six weeks imprisonment, suspended for twelve months on condition of compliance with injunction
  • Costs of the application awarded, not to be enforced without court permission, subject to legal aid provisions