Wolverhampton City Council & Ors v Sikander Hussain
[2024] EWHC 2228 (KB)
Jockey Club Racecourses Limited v Kidby & Ors
11 October 2023
[2023] EWHC 2643 (Ch)
High Court
A man ran onto the racetrack during the Epsom Derby, breaking a court order. The judge was angry but considered that the man was sorry, had already been in jail, and had good reasons (though not excuses) for his actions. So, the judge gave him a suspended jail sentence – meaning he won't go to prison unless he breaks the rules again.
Key Facts
- •Mr. Benjamin Newman (defendant) breached an interim injunction order by entering Epsom Racecourse's racetrack during the Epsom Derby.
- •The breach lasted approximately 24 seconds and was admitted by the defendant.
- •The defendant had previously pleaded guilty to causing a public nuisance in relation to the same incident.
- •The defendant is an animal rights activist associated with Animal Rising.
- •The injunction was widely publicised, and the defendant was aware of it.
- •The defendant offered apologies and undertakings to the claimant and the court.
- •The defendant spent 36 days in custody following his arrest.
Legal Principles
In contempt cases, the court assesses the seriousness of conduct by considering culpability and harm caused. Mitigation, including remorse and early admission, is also weighed.
HM Attorney General v Crosland [2021] UKSC 15 at [44]
Special considerations apply in cases of civil disobedience, balancing punishment, rehabilitation, and future compliance with court orders.
Breen v Esso Petroleum [2022] EWCA Civ 1405 at paragraphs 6 to 11
Conscientious motivation is not an excuse for disobeying court orders, but it may lessen culpability.
Attorney General v Crosland [2021] UKSC 15 at [47]
The court should consider the totality of legal sanctions imposed for the same events.
None explicitly stated, but implied in the judgment.
Outcomes
The defendant was sentenced to two months imprisonment, suspended for 18 months.
The breach was serious, but mitigation factors such as early admission, remorse, previous custody, and the defendant's conscientious motivation were considered. The court deemed a suspended sentence proportionate.