London Borough of Sutton v Kelman [2016] EW Misc B26 (CC) (13 October 2016)

London Borough of Sutton v Kelman [2016] EW Misc B26 (CC) (13 October 2016)

The defendant admitted breaches of injunctions not already punished by the criminal court; given the aggravating features and risk of repetition, only a custodial sentence is justified, but it is suspended to coincide with the criminal sentence period.

Citation
[2016] EW Misc B26 (CC)
Parties
Claimant: London Borough of Sutton; Defendant: Thomas Kelman
Jurisdiction
England and Wales
Judgment Date
13 October 2016
Procedural Posture
Injunction and Committal Proceedings / Sentencing After Admitted Breaches of Injunction
Outcome
Committal to prison for one month, sentence suspended until 7 April 2018, extension of injunctions to 7 April 2018.
Legal Topics
Breach of Injunction, Committal for Contempt, Protective Orders, Sentencing
Civil Contempt Injunctions Anti Social Behaviour Breach of Injunction Committal for Contempt Protective Orders Sentencing

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Parties

London Borough of Sutton

Claimant

Thomas Kelman

Defendant

Procedural Posture

Injunction and Committal Proceedings / Sentencing After Admitted Breaches of Injunction

Legal Issues

  1. 1 Whether the defendant breached the terms of injunctions granted on 9 June 2016 and 19 August 2016
  2. 2 Appropriate sentence for admitted breaches not already punished by the criminal court

Ratio Decidendi

The defendant admitted breaches of injunctions not already punished by the criminal court; given the aggravating features and risk of repetition, only a custodial sentence is justified, but it is suspended to coincide with the criminal sentence period.

Court Disposition

Committal to prison for one month, sentence suspended until 7 April 2018, extension of injunctions to 7 April 2018.

Orders

  • Defendant committed to prison for one month, sentence suspended until 7 April 2018 on condition of no further breach of injunctions.
  • Duration of injunctions extended to 7 April 2018.