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English and Welsh Courts - Miscellaneous
You are here: BAILII >> Databases >> English and Welsh Courts - Miscellaneous >> Stockport MBC v Ogden [2015] EW Misc B39 (CC) (25 September 2015)
URL: http://www.bailii.org/ew/cases/Misc/2015/B39.html
Cite as: [2015] EW Misc B39 (CC)
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Edward Street Stockport SK1 3DQ |
||
B e f o r e :
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| STOCKPORT MBC | Claimant | |
| -v- | ||
| MR PETER OGDEN | Defendant |
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The Defendant appeared In Person
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Crown Copyright ©
- You have been arrested and produced to me from custody in relation to an injunction dated 22nd January 2013 which provided, in particular, that you should not use or threaten violence against Lynn Ogden, who is your wife, and that you should not enter Chesworth Close, where your wife lives at number 16. You have been brought before me because it is alleged that, on 7th September 2015 at approximately 8pm, you were, uninvited, at 16 Chesworth Close, Stockport when your wife was also present. It has also been alleged that, whilst at 16 Chesworth Close, you assaulted your wife, Lynn Ogden. You have admitted both breaches of the injunction.
- It should be borne in mind that there have been previous breaches of this injunction. On 2nd December 2014, you were found in 16 Chesworth Close. Then two further breaches, both on 17th June 2015, you were again at 16 Chesworth Close and whilst at 16 Chesworth Close, you assaulted Lynn Ogden. In relation to that assault charge, on 5th August 2015 you were given a twelve-month community order requiring you to perform 100 hours' unpaid work in the community. That sentence was imposed by Stockport Magistrates' Court and, in view of that sentence, when this matter last came before the court on 12th August 2015, the judge then decided to take no further action against you in relation to that assault.
- In less than a month from 12th August, you have breached the injunction again. I give you credit for your admitting the breaches at the earliest possible time but, as you yourself have indicated, I am left with no option but to impose a custodial sentence for each breach. The sentence has to reflect the seriousness of the admitted breach. First, you were uninvited at 16 Chesworth Close. Secondly, you have admitted assaulting your wife. I have to take into account that, ultimately, you also accepted that you had assaulted your wife on 17th June 2015. This is a pattern of behaviour that has to stop. I accept that when you are without drink you are a different person to when you have got a drink inside you but the sentence I am compelled to pass on you is that in relation to the admitted breach of being at 16 Chesworth Close, a sentence of 26 weeks and in relation to the assault on the same date, on 7th September, a sentence of 26 weeks but that they will run concurrently. So the total sentence will be 26 weeks' imprisonment.
DISTRICT JUDGE DIGNAN: