AND UPON the Court having read parts of the hearing bundle and the evidence contained therein as the parties have drawn to the Court's attention, the skeleton arguments of the parties, and such authorities and material contained within the agreed authorities bundle as the parties have drawn to the Court's attention AND UPON the Court having viewed the video footage and listened to the audio footage exhibited to the affidavit of Nevin Truesdale AND UPON the Court taking the view that the Respondent's breaches are sufficiently serious that only a custodial sentence would be appropriate BUT UPON the Court having regard to (i) the Respondent's status as a conscientious protester, (ii) his fulsome apology to the Applicant as contained in his witness satetemnt and repeated to the Court today, (iii) Articles 10 and 11 of the ECHR, (iv) the fact that the Respondent has already spent time in prison in consequence of his criminal prosecution, (v) his statements of remorse and (vi) the further mitigation prayed in his aid, and the Court determining that having regard to such matters a custodial sentence could appropriately be suspended on terms
IT IS ORDERED THAT:
1. The Respondent shall be committed to prison for a period of 2 months.
2. The operation of paragraph 1 shall be suspended provided that the Respondent:
a. does not enter on and is not present on any Racetrack owned by the Applicant save with the permission of Applicant; and b. does not intentionally obstruct any Horse Race organised by the Applicant. 3. Paragraphs 1 and 2 shall automatically be revoked at 4pm on the 11th April 2025 unless the Respondent is in custody at that time by reason of the operation of paragraph 1 in which event the revocation of those paragraphs shall occur at the moment that the Repondent is subsequently lawfully released from custody. 4. The sum of £10,000 payable by way of a contribution to the Applicant's costs shall be paid by the Repondent as follows:
a. The Respondent is to pay £2,500 by 4 pm on the 25th October 2023; and
b. The Respondent is to pay £7,500 by 4pm on the 31st December 2023.
5. Save as above, no order for costs.
6. A transcript of the judgment shall be prepared at the public expense.
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