Notting Hill Genesis v Sabouh Aziz
[2024] EWCC 15
Chief Constable of Cumbria Constabulary v Harvey Sadik
11 September 2024
[2024] EWCC 14
County Court
A man repeatedly broke a court order to stop him from being violent or harassing people. This time he assaulted his mother. Because it was his seventh offence, a judge sent him to jail for 34 days. The judge also added on a previous jail sentence that had been delayed, but ultimately, the man only served 34 days in total.
Key Facts
- •Harvey Sadik admitted to his seventh breach of an anti-social behaviour injunction.
- •The breach involved assaulting his mother.
- •Previous breaches included being under the influence of alcohol and drugs, entering exclusion zones, and harassing a victim of a previous assault.
- •Sadik was subject to a suspended sentence from the Crown Court for a separate assault.
- •Sadik's probation officer reported initial non-compliance with unpaid work but subsequent improvement.
Legal Principles
Sentencing for breach of anti-social behaviour injunctions should aim to ensure future compliance, punishment, and rehabilitation.
Lovett v Wigan Borough Council [2022] EWCA Civ 1631
When sentencing for breach of injunctions, the court considers harm and culpability of the breach.
Lovett v Wigan Borough Council [2022] EWCA Civ 1631
Time spent in custody before sentencing is not automatically deducted from the sentence for injunction breaches.
Implicit in the judgment
Outcomes
34-day custodial sentence for the admitted breach.
Seventh breach, serious nature of assault on mother, despite guilty plea and mitigation. The judge considered the harm caused and culpability, referencing Lovett v Wigan Borough Council.
Activation of the 26-day suspended sentence from March 2024.
Further breach after the suspended sentence was imposed; no grounds to suspend it.
Both sentences to run concurrently, resulting in a total of 34 days' imprisonment.
Consideration of proportionality and totality of sentences.