Sovereign Housing Association Limited v Troy Munroe
[2024] EWCC 9
Plus Dane Housing v Kimmince & Molloy
28 June 2024
[2024] EWCC 8
County Court
A man repeatedly broke a court order to stop making noise and keep dogs. He kept asking for delays because he didn't have a lawyer. The judge finally sentenced him to jail time, but only if he didn't remove his dogs and stop making noise immediately. It's his last chance; if he doesn't follow the rules, he goes to jail.
Key Facts
- •Mr. Molloy was sentenced for breaching an injunction order made in January 2023.
- •Breaches were found on June 23, 2023.
- •The case involved multiple adjournments due to Mr. Molloy's lack of representation.
- •Breaches included keeping dogs at the property despite the injunction and causing noise nuisance.
- •Mr. Molloy had been represented by two sets of solicitors previously, but both relationships ended.
- •Mr. Molloy sought another adjournment to obtain a third solicitor, which the judge refused.
- •The judge considered the case under the guidance of Lovett v Wigan [2022] EWCA Civ 1631.
Legal Principles
In contempt of court cases, the primary objective is to ensure compliance with court orders, not punishment.
Lovett v Wigan [2022] EWCA Civ 1631
Custodial sentences should only be imposed as a last resort when no alternative is available to ensure compliance.
Lovett v Wigan [2022] EWCA Civ 1631 and HHJ Howell's judgment
The court has discretion in sentencing for contempt of court, considering factors such as culpability and harm caused.
Lovett v Wigan [2022] EWCA Civ 1631 and HHJ Howell's judgment
Outcomes
Mr. Molloy's application for an adjournment was refused.
He had ample opportunity to obtain legal representation and the repeated adjournments were considered delaying tactics.
Mr. Molloy was sentenced to 28 days' imprisonment for each dog-related breach, to run concurrently, suspended for two years.
The breaches were persistent, deliberate, and caused harm to neighbours. While the custodial threshold was met, a suspended sentence was given as a last chance, contingent on the removal of the dogs within seven days.
A seven-day sentence for each noise nuisance breach was also suspended, contingent on complying with the injunction.
While there were ongoing issues, the judge acknowledged some improvement and suspended the sentence based on compliance.