Gloucester City Council v Edwards, Birch & 2 Ors [2016] EW Misc B4 (03 February 2016)

Gloucester City Council v Edwards, Birch & 2 Ors [2016] EW Misc B4 (03 February 2016)

Despite aggravating factors, the court suspended the six-week custodial sentences for one year due to the defendants' move away from the area and the potential for improved behaviour.

Citation
[2016] EW Misc B4
Parties
Prosecutor: Miss Fennell; Defence Advocate: Miss Miles; Defendant: Mr Edwards; Defendant: Ellen; Defence Advocate: Ms Birch; Court Staff: Bridget
Jurisdiction
England and Wales
Judgment Date
03 February 2016
Procedural Posture
Sentencing for Breach of Injunction / Sentencing Hearing
Outcome
Six weeks custody for each breach, sentences to run concurrently, suspended for one year.
Legal Topics
Breach of Injunction, Sentencing, Antisocial Behaviour
Criminal Law Civil Procedure Breach of Injunction Sentencing Antisocial Behaviour

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Miss Fennell

Prosecutor

Miss Miles

Defence Advocate

Mr Edwards

Defendant

Ellen

Defendant

Ms Birch

Defence Advocate

Bridget

Court Staff

Procedural Posture

Sentencing for Breach of Injunction / Sentencing Hearing

Legal Issues

  1. 1 What is the appropriate sentence for breaches of an injunction relating to antisocial behaviour?
  2. 2 Should the sentence be custodial or suspended given the circumstances?

Ratio Decidendi

Despite aggravating factors, the court suspended the six-week custodial sentences for one year due to the defendants' move away from the area and the potential for improved behaviour.

Court Disposition

Six weeks custody for each breach, sentences to run concurrently, suspended for one year.

Orders

  • Six weeks custody for each breach, concurrent.
  • Sentences suspended for one year.