Wolverhampton City Council & Ors v Green & Anor

Wolverhampton City Council & Ors v Green & Anor

The respondents knowingly and deliberately breached a court injunction against car cruising, causing public nuisance. The seriousness of the breach required custodial sentences, but genuine remorse, early admission, and previous good character justified suspending the sentences on condition of future compliance.

Parties
Applicant: Wolverhampton City Council; Applicant: Dudley Metropolitan Borough Council; Applicant: Sandwell Metropolitan Borough Council; Applicant: Walsall Metropolitan Borough Council; Respondent: Sam Stuart Green; Respondent: Reuben Charlesworth
Jurisdiction
England and Wales
Judgment Date
20 January 2017
Procedural Posture
Civil / Judgment on Admitted Breach of Injunction
Outcome
Suspended custodial sentences for both respondents; order to pay costs.
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

Sam Stuart Green

Respondent

Reuben Charlesworth

Respondent

Procedural Posture

Civil / Judgment on Admitted Breach of Injunction

Legal Issues

  1. 1 Whether the respondents breached the court's injunction prohibiting car cruising
  2. 2 Appropriate sanction for admitted breach of injunction

Ratio Decidendi

The respondents knowingly and deliberately breached a court injunction against car cruising, causing public nuisance. The seriousness of the breach required custodial sentences, but genuine remorse, early admission, and previous good character justified suspending the sentences on condition of future compliance.

Court Disposition

Suspended custodial sentences for both respondents; order to pay costs.

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.