England and Wales Family Court Decisions (other Judges)

IN THE COUNTY COURT at NEWCASTLE UPON TYNE

		5/6/2018

1. This is the sentencing hearing in respect of an admitted breach of a Housing Act anti-social behaviour injunction granted by DJ Pescod on 21 December 2017. The order was amended on 10 January 2018 by DJ Jackson. The order forbids the Defendant from entering or remaining on any part of the property known as 12 Sea View, Highfields, Berwick upon Tweed TD15 1QA.
2. The Claimant was represented today by Miss Allen, a solicitor. The defendant was represented by Miss Thomas, counsel. He was produced, having been in custody since his arrest at 23.05 on Saturday 2 June 2018.
3. The injunction was granted to protect Carla Lees (also known as Humpherson,) from the defendant, and the neighbours on the estate where she lives from the anti social behaviour of the defendant.
4. On 14 February 2018 DJ Jackson considered 2 allegations of breach of the order, one which was admitted and one denied, and as a result sentenced the Defendant to 28 days imprisonment on each, to be served consecutively but suspended upon compliance with the order.
5. On 19 February 2018 DJ Morgan considered an allegation of a further breach of the order and of breaching the suspended term of imprisonment. The defendant was sentenced to 28 days immediate imprisonment for the breach of the injunction.
6. There are 2 allegations that the defendant breached the injunction on the 16 May and 21 May 2018. These allegations are denied and will be tried on 13 June 2018
7. The breach for which the defendant falls to be sentenced today is admitted, and is that on 2 June 2018 the defendant was arrested by police having been found in an upstairs bedroom of the property at 22.55 pm.
8. I am invited by the defendant to delay sentencing on this breach as it may tie the hands of the judge on 13 June 2018, when two further alleged breaches fall to be tried. I do not consider this to be a reason to delay. I am also invited by counsel to adjourn sentence in order for her to take more instructions. I consider that given the acceptance, and the mitigation which has been advanced on the defendant's behalf, that I have sufficient information, and I have given the defendant the benefit of the doubt in his instructions as to the circumstances of the breach, such that the sentence I pass is reduced.
9. I have regard to the Sentencing Guidelines for Breach of an Anti-Social Behaviour Order. I considered that the defendant was deliberately at the address which was the subject of the order, and that his previous imprisonment does not appear to have deterred him for long. I take into account his acceptance of the allegation and that the circumstances of his being at the address did not result in any anti-social behaviour which was disruptive to the neighbours. I further accept his indication, given through counsel, that he was invited to the property by Carly Lees, who has a history of self harm and that he was concerned about her on that night, and that he was not hiding in the bedroom.
10. I pass sentence of 30 days immediate imprisonment.

District Judge N. Shaw

5.June 2018