Devon and Cornwall police vs Patricia Shorthouse

Background of the Case

The County Court at Torquay & Newton Abbot recently presided over a case involving the Chief Constable of Devon and Cornwall Police and the defendant, Patricia Shorthouse. The case centred around an alleged breach of an anti-social behaviour injunction issued under the Anti-Social Behaviour, Crime & Policing Act 2014. The injunction, initially granted on 3 April 2024, was made final on 2 July 2024. The defendant, Ms Shorthouse, was represented by Mr Cuddihee, while Mr Darcy appeared for the claimant.

Incident Leading to the Breach

On 18 November 2024, Ms Shorthouse was arrested for allegedly breaching the injunction. The incident in question occurred on 14 November, when Ms Shorthouse was reported to have used offensive and aggressive language in a public setting. According to a statement by Ms Anna Miles, Ms Shorthouse was heard shouting expletives and making derogatory remarks, which caused significant distress to Ms Miles and her neighbours.

Admission of Breach

At the hearing, Ms Shorthouse admitted to breaching the injunction. District Judge Mashembo, who presided over the case, reviewed evidence from Ms Miles and a police officer, PC Aryton. The judge found, to the criminal standard of proof, that Ms Shorthouse had indeed breached the terms of the injunction by causing harassment, alarm, or distress through her conduct.

Sentencing Considerations

During sentencing, Judge Mashembo considered various factors, including the objectives of sentencing such as ensuring future compliance, punishment, and rehabilitation. The judge noted that custody should be reserved for the most serious breaches and that alternative measures should be considered where appropriate. The court weighed the degree of harm and culpability, noting that while the breach was deliberate, it did not involve actual or threatened violence.

Mitigating Factors

Several mitigating factors were acknowledged, including Ms Shorthouse's prompt admission of the breach and her compliance with the injunction for seven months prior to the incident. It was also considered that the offensive words were not directed specifically at Ms Miles or her neighbours but occurred in the context of a domestic dispute.

Decision and Sentence

Judge Mashembo decided that a custodial sentence of four days for each breach, to run concurrently, was appropriate. However, given the circumstances, the judge opted to suspend the sentence for six months, contingent upon Ms Shorthouse's compliance with the injunction terms. The decision aimed to balance the need for deterrence with the recognition of mitigating factors.

Implications of the Case

This case highlights the court's approach to breaches of anti-social behaviour injunctions, emphasising the importance of compliance and the potential consequences of non-compliance. It also underscores the court's discretion in considering both aggravating and mitigating factors when determining an appropriate sentence.

Learn More

For more information on anti-social behaviour orders and related legal proceedings, explore BeCivil's guide to UK Housing Law.