sentence of 18 weeks suspended for two years together with 80 hours of unpaid work and costs of £1,356.
18. On 11 August 2023 the claimant issued the present contempt application. On 19 September 2023 solicitors for the defendant wrote to the claimant's solicitors. They explained that the defendant wished to admit that he had breached the injunction and that this amounted to a contempt of court. The defendant also offered to provide a written admission that his conduct amounted to a breach of the order, to provide a written apology to the claimant, and to provide written undertakings in the following terms: (1) to comply with the injunction order of Sir Anthony Mann dated 26 May 2023; (2) not to engage in any of the following conduct (in each case where that conduct would have the effect of damaging and/or delaying and/or hindering the claimant by obstructing, impeding or interfering with the lawful activities undertaken by them): (a) entering or being present on any racetrack owned or managed by them, (b) entering or being present on any other area of any racecourse owned or managed by them without authorisation and (c) intentionally obstructing or disrupting any horse race organised or hosted by them. 19. On 4 October 2023 the defendant made his witness statement. In addition to the points already mentioned, the defendant apologised to the court and to those who were adversely affected by his actions. He accepted that he created a frightening situation for those who had to enter the track to remove him and that he caused stress to a number of others. He explained the process by which he had come to reflect on his actions. In particular, he explained that the time spent in custody had afforded him an opportunity to reflect on his actions and he now wished to express his regret for them. He also said that the current proceedings have further underlined to him the serious consequences of breaching court orders. He reiterated his willingness to be bound by the undertakings set out in the letter of 19 September 2023. He stated that he can assure the court that, having reflected seriously upon his own conduct, he will not further breach any order of the court or any undertaking given to the court.
Sanction
20. The authorities show that the court should adopt a structured approach. First, the court should assess the seriousness of the conduct by reference to the contemnor's culpability and the harm caused, intended or likely to be caused. Secondly, and in the light of the court's assessment of the seriousness of the conduct, due weight should be given to matters of mitigation such as genuine remorse, previous positive character and similar matters. There should in particular be a reduction for an early admission of a contempt, to be calculated consistently with the approach set out in the applicable Sentencing Council guidelines. See HM Attorney General v Crosland [2021] UKSC 15 at [44]. 21. There are special considerations where the breach is an act of civil disobedience. The relevant principles have been discussed in a number of recent Court of Appeal decisions. There is a helpful summary in Breen v Esso Petroleum [2022] EWCA Civ 1405 at paragraphs 6 to 11, and I shall follow the principles set out there:
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