30. Taking into account all of these various factors, I have reached the conclusion that the minimum sanction the court can proportionately impose in response to the defendant's breaches is a custodial sentence of two months. This is the shortest period of imprisonment which properly reflects the seriousness of the breach and the other factors. 31. I turn to consider whether the sentence should be suspended in light of the various factors set out above. I have decided that this is an appropriate case to suspend the sentence. The defendant has apologised and agreed to give undertakings. He has also tasted imprisonment and his evidence is that it has changed his views about the need to obey orders of the court. As to the period of suspension, it appears to me that the appropriate period is 18 months. As to the conditions for such suspension, I have heard submissions from the parties. The conditions are that the defendant shall not enter on or be present on any race track owned or managed by the claimant, and shall not intentionally obstruct or disrupt any horse race organised or hosted by the claimant. I have considered in the light of submissions whether there should be other conditions, including preventing the defendant from going on to any other area of a race course owned or managed by the claimant, but I do not consider that the imposition of those conditions is necessary or proportionate. The conditions will need to be drafted so that the terms “race track” and “horse race” are appropriately defined. They were defined in the order of Sir Anthony Mann, and counsel for the parties confirmed that they will be able to agree definitions which will be sufficiently clear and certain.
32. The defendant is therefore sentenced to two months imprisonment, suspended for 18 months on the above conditions.
33. The defendant has the right to appeal to the Court of Appeal, without permission, within 21 days.
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