Source: All England Reporter
Publisher Citation: [2008] All ER (D) 145 (Jun)
Court: Court of Appeal, Civil Division

Tuckey, Carnwath and Jacob LJJ

Representation Michael Paget (instructed by Tyndallwoods) for the defendant.
  Mark Reihill (instructed by Birmingham City Council Legal and Democratic Council) for the Local Authority.
Judgment Dates: 12 June 2008


Contempt of court - Committal - Breach of injunction - Defendant being given custodial sentence - Whether sentence manifestly excessive.

The Case

The defendant's appeal against a sentence of four months' imprisonment in respect of a breach of an anti-social behaviour injunction was dismissed, in circumstances were he had breached the order by driving a van towards the complainant with the intention of scaring him, but with the result that the complainant jumped out of the way and hurt his back.

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