Birmingham City Council v Raaghib Afsar & Anor
[2024] EWHC 1942 (KB)
Birmingham City Council v Daniel Gordon & Anor
15 April 2024
[2024] EWHC 1525 (KB)
High Court
Two men helped remove traffic cones to let illegal street racers through. They admitted breaking a court order against street racing. The judge gave them each a 23-day jail sentence, but they don't have to go to jail if they stay out of trouble for a year. They also have to pay court costs.
Key Facts
- •Mr. Daniel Gordon and Mr. Joseph Dawson admitted contempt of court for breaching an injunction against street cruising in Birmingham.
- •The injunction, granted by Julian Knowles J on February 27, 2024, prohibited participation in street cruises within Birmingham's city limits.
- •The defendants, as passengers in a vehicle, helped remove traffic cones to facilitate street racing, a breach of the injunction.
- •The defendants admitted their actions, and the court reviewed police evidence (witness statement and video footage).
- •The court considered the Sentencing Council Guidelines for offenders with mental disorders (by analogy), noting Mr. Gordon's medical history (autism, ADHD, Asperger's, dyslexia, learning difficulties).
- •The court categorized the harm as Category 2 (higher end) and culpability as Category B (deliberate breach).
Legal Principles
Sentencing in contempt of court cases should consider future compliance, punishment, and rehabilitation.
Court's own reasoning
Guidance from Lovett v Wigan Borough Council [2022] EWCA Civ 1631 and Birmingham City Council v Lloyd [2023] EWCA Civ 1355 on sentencing in similar cases.
Court of Appeal
Sentencing Council Guidelines for offenders with mental disorders can be applied by analogy in civil contempt proceedings; culpability may be reduced if a sufficient connection exists between the offender's impairment and the offending behaviour.
Sentencing Council Guidelines (applied by analogy)
Outcomes
Both defendants found in contempt of court.
Admissions of guilt, police evidence, and the defendants' actions in facilitating street racing.
Sentences of 23 days imprisonment (35 days less one-third for guilty plea) suspended for 12 months.
Category 2 harm, Category B culpability, mitigating factors (good character, remorse, intention to comply, financial difficulties), and the need for a custodial sentence (albeit suspended).
Each defendant ordered to pay £2024.30 in costs, payable in installments (£100/month for Gordon, £50/month for Dawson).
Successful contempt application, reasonable and proportionate costs, consideration of defendants' financial circumstances.