Chelmer Housing Partnership v Brittain [2016] EW Misc B7 (CC) (29 January 2016)

Chelmer Housing Partnership v Brittain [2016] EW Misc B7 (CC) (29 January 2016)

Mr Brittain breached the injunction by using abusive and threatening language on two occasions. The breaches fall within the lesser degree of harm category. Mitigating factors including contrition, compliance since September, engagement with support services, and absence of prior breaches justify a suspended sentence rather than immediate custody.

Citation
[2016] EW Misc B7 (CC)
Parties
Claimant: Chelmer Housing Partnership; Defendant: Stuart Brittain
Jurisdiction
England and Wales
Judgment Date
29 January 2016
Procedural Posture
Committal Application for Breach of Injunction / Final Hearing and Sentencing
Outcome
one week imprisonment suspended for six months, extension of injunction, costs subject to legal aid assessment
Legal Topics
Breach of Injunction, Committal Proceedings, Sentencing Guidelines, Costs Assessment
Civil Procedure Housing Law Anti Social Behaviour Breach of Injunction Committal Proceedings Sentencing Guidelines Costs Assessment

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Parties

Chelmer Housing Partnership

Claimant

Stuart Brittain

Defendant

Procedural Posture

Committal Application for Breach of Injunction / Final Hearing and Sentencing

Legal Issues

  1. 1 Whether Mr Brittain breached the terms of the injunction on 1st and 10th September 2015
  2. 2 Appropriate sanction for breach of injunction
  3. 3 Extension of injunction and assessment of costs

Ratio Decidendi

Mr Brittain breached the injunction by using abusive and threatening language on two occasions. The breaches fall within the lesser degree of harm category. Mitigating factors including contrition, compliance since September, engagement with support services, and absence of prior breaches justify a suspended sentence rather than immediate custody.

Court Disposition

one week imprisonment suspended for six months, extension of injunction, costs subject to legal aid assessment

Orders

  • One week suspended sentence of imprisonment for breach of injunction, suspended for six months on terms of continuing compliance with the injunction
  • Injunction extended for same period as suspension