Torbay Council v Tia Bench & Anor

The court found beyond reasonable doubt that Ms Bench breached the injunction on three occasions, but exercised discretion to resentence her to a total of 21 days' imprisonment suspended for 12 months, rather than activating immediate custody, due to her acceptance of responsibility and personal vulnerabilities.

Parties: Applicant: Torbay Council; First Respondent: Tia Bench; Second Respondent: YY
Jurisdiction: England and Wales
Judgment Date: 24 April 2025
Procedural Posture: Committal Proceedings / Hearing and Sentencing
Outcome: Suspended sentence increased and re-imposed
Legal Topics: Breach of Injunction, Suspended Sentence, Protection of Vulnerable Adults

Mental Capacity Law Contempt of Court Breach of Injunction Suspended Sentence Protection of Vulnerable Adults

Case Brief

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Parties

Torbay Council

Applicant

Tia Bench

First Respondent

Second Respondent

Procedural Posture

Committal Proceedings / Hearing and Sentencing

Legal Issues

1 Whether Tia Bench breached the terms of a suspended sentence by associating with YY in violation of an injunction
2 Whether the suspended sentence should be activated or varied

Ratio Decidendi

Court Disposition

Suspended sentence increased and re-imposed

Orders

Ms Bench is re-sentenced to 21 days' imprisonment suspended for 12 months from 28 June 2023.
The injunction prohibiting association with YY continues in force.