Chief Constable of Devon and Cornwall Police v Patricia Shorthouse

Chief Constable of Devon and Cornwall Police v Patricia Shorthouse

The defendant deliberately breached the injunction by using abusive and obscene language in public, causing distress. The breach was more than minor but did not involve violence or threats. Mitigating factors include prompt admission and prior compliance. A sentence of four days' imprisonment for each breach, to run concurrently, is appropriate but suspended for six months conditional on compliance with the injunction.

Parties
Claimant: Chief Constable of Devon and Cornwall Police; Defendant: Patricia Shorthouse
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Civil Contempt Proceedings / Judgment After First Hearing on Breach of Injunction
Outcome
Defendant found in contempt of court; sentenced to four days' imprisonment for each breach, sentences to run concurrently, suspended for six months.
Legal Topics
Breach of Injunction, Contempt of Court, Sentencing for Contempt
Civil Procedure Anti Social Behaviour Breach of Injunction Contempt of Court Sentencing for Contempt

Case Brief

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Parties

Chief Constable of Devon and Cornwall Police

Claimant

Patricia Shorthouse

Defendant

Procedural Posture

Civil Contempt Proceedings / Judgment After First Hearing on Breach of Injunction

Legal Issues

  1. 1 Whether the defendant breached the terms of the injunction order
  2. 2 Appropriate sanction for breach of injunction

Ratio Decidendi

The defendant deliberately breached the injunction by using abusive and obscene language in public, causing distress. The breach was more than minor but did not involve violence or threats. Mitigating factors include prompt admission and prior compliance. A sentence of four days' imprisonment for each breach, to run concurrently, is appropriate but suspended for six months conditional on compliance with the injunction.

Court Disposition

Defendant found in contempt of court; sentenced to four days' imprisonment for each breach, sentences to run concurrently, suspended for six months.

Orders

  • Defendant must comply with the terms of the injunction order from 2 July 2024 for six months.
  • Suspended sentence will be activated if further breach occurs within suspension period.