Birmingham City Council v Khatoon [2015] EW Misc B13 (CC) (05 June 2015)

Birmingham City Council v Khatoon [2015] EW Misc B13 (CC) (05 June 2015)

Given the defendant's repeated and admitted breaches of a clear injunction, and prior sentences having failed to deter, a further term of imprisonment is inevitable. The sentence must reflect the seriousness and history, but remand time is deducted. Thirty-two weeks imprisonment for each breach, to run concurrently.

Source-derived case information.

Citation
[2015] EW Misc B13 (CC)
Parties
Claimant: Birmingham City Council; Defendant: Samiya Khatoon
Jurisdiction
England and Wales
Judgment Date
05 June 2015
Procedural Posture
Committal Application for Breach of Injunction / Final Judgment on Sentencing
Outcome
Defendant committed to prison for three breaches of injunction.
Legal Topics
Committal for Breach of Injunction, Sentencing, Legal Representation, Concurrent Sentencing
Civil Procedure Anti Social Behaviour Law Committal for Breach of Injunction Sentencing Legal Representation Concurrent Sentencing

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Parties

Birmingham City Council

Claimant

Samiya Khatoon

Defendant

Procedural Posture

Committal Application for Breach of Injunction / Final Judgment on Sentencing

Legal Issues

  1. 1 Whether the defendant breached the antisocial behaviour injunction
  2. 2 Appropriate sentence for repeated breaches
  3. 3 Effect of prior sentencing and remand time

Ratio Decidendi

Given the defendant's repeated and admitted breaches of a clear injunction, and prior sentences having failed to deter, a further term of imprisonment is inevitable. The sentence must reflect the seriousness and history, but remand time is deducted. Thirty-two weeks imprisonment for each breach, to run concurrently.

Court Disposition

Defendant committed to prison for three breaches of injunction.

Orders

  • Defendant sentenced to thirty-two weeks imprisonment for each breach, sentences to run concurrently.
  • Remand time of ten days deducted from sentence.