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)

The respondents' admitted breaches of the injunction were serious, deliberate, and aggravated by group conduct and social media broadcasting, but genuine remorse, early admissions, and previous good character justified suspending custodial sentences on condition of future compliance.

Citation
[2017] EWHC 96
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 the injunction for its remaining duration; financial orders made.
Legal Topics
Injunctions, Contempt of Court, Public Nuisance, Sentencing
Civil Procedure Local Government Law Injunctions Contempt of Court Public Nuisance Sentencing

Case Brief

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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 court's injunction prohibiting car cruising
  2. 2 Appropriate sanction for admitted breaches of the injunction

Ratio Decidendi

The respondents' admitted breaches of the injunction were serious, deliberate, and aggravated by group conduct and social media broadcasting, but genuine remorse, early admissions, and previous good character justified suspending custodial sentences on condition of future compliance.

Court Disposition

Custodial sentences imposed but suspended on condition of compliance with the injunction for its remaining duration; financial orders made.

Orders

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