Wolverhampton City Council & Ors v Green & Anor [2017] EWHC 96 (QB) (20 January 2017)

Wolverhampton City Council & Ors v Green & Anor [2017] EWHC 96 (QB) (20 January 2017)

Given the seriousness of the breaches, the deliberate and coordinated nature of the conduct, and the aggravating feature of broadcasting the breach on social media, custodial sentences are warranted. However, genuine remorse, early admissions, and previous good character justify suspension of the sentences on condition of future compliance with the injunction.

Citation
[2017] EWHC 96 (QB)
Parties
Applicant: Wolverhampton City Council; Applicant: Dudley Metropolitan Borough Council; Applicant: Sandwell Metropolitan Borough Council; Applicant: Walsall Metropolitan Borough Council; Respondent: Mr. Sam Stuart Green; Respondent: Mr. Reuben Charlesworth
Jurisdiction
England and Wales
Judgment Date
20 January 2017
Procedural Posture
Contempt of Court Proceedings (breach of Injunction) / Sanctions Hearing and Judgment
Outcome
Custodial sentences imposed but suspended on condition of compliance with injunction; financial orders made.
Legal Topics
Injunctions, Contempt of Court, Public Nuisance, Anti Social Behaviour
Civil Procedure Local Government Law Injunctions Contempt of Court Public Nuisance Anti Social Behaviour

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wolverhampton City Council

Applicant

Dudley Metropolitan Borough Council

Applicant

Sandwell Metropolitan Borough Council

Applicant

Walsall Metropolitan Borough Council

Applicant

Mr. Sam Stuart Green

Respondent

Mr. Reuben Charlesworth

Respondent

Procedural Posture

Contempt of Court Proceedings (breach of Injunction) / Sanctions Hearing and Judgment

Legal Issues

  1. 1 Whether the respondents breached the terms of a court injunction prohibiting car cruising
  2. 2 Appropriate sanction for admitted breaches of injunction

Ratio Decidendi

Given the seriousness of the breaches, the deliberate and coordinated nature of the conduct, and the aggravating feature of broadcasting the breach on social media, custodial sentences are warranted. However, genuine remorse, early admissions, and previous good character justify suspension of the sentences on condition of future compliance with the injunction.

Court Disposition

Custodial sentences imposed but suspended on condition of compliance with injunction; financial orders made.

Orders

  • Sam Stuart Green: Four months' detention in a young offender institution, suspended until 1 February 2018, conditional on compliance with injunction.
  • Reuben Charlesworth: Three months' detention in a young offender institution, suspended until 1 February 2018, conditional on compliance with injunction.