Birmingham City Council v Adhnan Mohammed
[2024] EWHC 568 (KB)
Birmingham City Council v Mohammad Shabbir
30 August 2023
[2023] EWHC 2358 (KB)
High Court
A man was caught street racing and breaking a court order to stop street racing. He admitted to it, and the judge gave him a 31-day jail sentence but said he didn't have to go to jail if he doesn't break the rules again for a year. He also has to pay the city's legal costs.
Key Facts
- •Mohammad Shabbir breached an interim injunction prohibiting street cruising in Birmingham on February 5th, 2023.
- •The injunction, granted by Mrs. Justice Hill, defined 'street cruise' and prohibited activities such as excessive speed, racing, and causing a nuisance.
- •Shabbir was arrested and admitted to participating in a street cruise, driving at excessive speeds, and undertaking vehicles.
- •Shabbir admitted to congregating with other vehicles at a petrol station and driving away at excessive speed.
- •The court considered the culpability and harm caused by Shabbir's actions.
Legal Principles
Objectives in sentencing for civil contempt: ensuring future compliance, punishment, rehabilitation (in order of priority)
Lovett v Wigan Borough Council [2022] EWCA Civ 1631 at paragraph 39
Assessing sanctions in contempt cases: analogous to criminal cases, considering culpability and harm, determining appropriate penalty (fine or custodial), mitigating factors, reduction for early admission, suspension of sentence
Attorney General v Crosland [2021] UKSC 15 at paragraph 44; Breen v Esso Petroleum Co Ltd [2022] EWCA Civ 1405
In civil contempt sentencing, concepts of culpability and harm are relevant, but specific guidelines are limited.
Lovett v Wigan and discussion of Civil Justice Council guidance
Costs in contempt proceedings: generally, unsuccessful party pays costs; legal aid protection under section 26 of LASPO 2012 does not apply to contempt proceedings.
CPR 44.2(2); Secretary of State for Transport v Cuciurean [2022] EWCA Civ 661
Outcomes
Shabbir found in contempt of court.
Based on admissions and evidence (CCTV and police bodycam footage), Shabbir's actions breached the injunction.
Sentence: 31 days' imprisonment, suspended for 12 months.
Culpability assessed as medium; harm assessed as moderate risk; mitigating factors considered (good character, first offence, employment); custodial sentence deemed necessary due to seriousness of breach; 10% reduction for late admission; suspension due to rehabilitation prospects and employment.
Shabbir to pay claimant's costs.
Claimant successful; costs protection under legal aid does not apply.