Wigan Borough Council v Elliot [2019] EW Misc 4 (CC) (27 February 2019)

Wigan Borough Council v Elliot [2019] EW Misc 4 (CC) (27 February 2019)

Given the deliberate and serious nature of the breach, involving threats to kill and injure protected persons, recent history of disobedience to court orders, lack of remorse, and impact on victims, an immediate custodial sentence of 201 days is appropriate after reductions for admission and time spent on remand.

Source-derived case information.

Citation
[2019] EW Misc 4 (CC)
Parties
Claimant: Wigan Borough Council; Defendant: Ms. Elliot
Jurisdiction
England and Wales
Judgment Date
27 February 2019
Procedural Posture
Committal for Contempt (civil) / Sentencing After Admission of Breach
Outcome
Defendant sentenced to immediate custody for contempt of court (breach of anti-social behaviour injunction).
Legal Topics
Anti Social Behaviour Injunctions, Contempt of Court, Sentencing for Breach of Injunction, Protection of Council Staff
Civil Procedure Local Government Law Public Order Anti Social Behaviour Injunctions Contempt of Court Sentencing for Breach of Injunction Protection of Council Staff

Source-derived case record

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Wigan Borough Council

Claimant

Ms. Elliot

Defendant

Procedural Posture

Committal for Contempt (civil) / Sentencing After Admission of Breach

Legal Issues

  1. 1 What is the appropriate sentence for breach of an anti-social behaviour injunction by making threats of violence against protected persons?
  2. 2 What aggravating and mitigating factors are relevant in sentencing for contempt of court in this context?

Ratio Decidendi

Given the deliberate and serious nature of the breach, involving threats to kill and injure protected persons, recent history of disobedience to court orders, lack of remorse, and impact on victims, an immediate custodial sentence of 201 days is appropriate after reductions for admission and time spent on remand.

Court Disposition

Defendant sentenced to immediate custody for contempt of court (breach of anti-social behaviour injunction).

Orders

  • Ms. Elliot sentenced to 201 days' imprisonment, calculated as 240 days (eight months) less 24 days (10% reduction for admission) and 15 days (time spent on remand).