Birmingham City Council v Connor Hill & Ors
[2024] EWHC 271 (KB)
Birmingham City Council v Mohammed Daanyaal & Anor
26 February 2024
[2024] EWHC 569 (KB)
High Court
Two men were caught street racing in Birmingham and broke a court order against it. The judge gave them suspended jail sentences (meaning they won't go to jail unless they break the rules again) and made them pay for the court case. The judge explained why their actions were dangerous and why a suspended sentence was appropriate in this case.
Key Facts
- •Mohammed Daanyaal and Bradley Hayes were found in contempt of court for breaching an interim injunction against street cruising in Birmingham.
- •Daanyaal's breach occurred on January 31, 2024, and Hayes's on February 5, 2024.
- •Both defendants admitted to the breaches, with Daanyaal admitting to racing at approximately 80 mph and Hayes at approximately 60-65 mph.
- •The injunction, originally granted in December 2022, prohibited street cruising activities defined as causing excessive noise, danger, damage, or nuisance.
- •Both defendants were of good character with no prior convictions.
Legal Principles
Objects of sentencing for civil contempt: ensuring further compliance with the order, punishment, and rehabilitation.
Lovett v. Wigan [2022] EWCA Civ 1631
Guidance on sentencing for contempt arising from orders under the Anti-social Behaviour, Crime and Policing Act 2014 (applied analogously here).
Civil Justice Council's report; Birmingham City Council v. Lloyd [2023] EWCA Civ 1355
Categorization of culpability and harm in sentencing for contempt, with sentencing ranges for different categories.
Attorney General v. Crosland [2021] UKSC 15; Breen v. Esso Petroleum [2022] EWCA Civ 1405
Successful party in contempt proceedings is generally entitled to costs.
None explicitly cited, but established legal principle.
Enforcement of costs orders against defendants receiving criminal legal aid.
Secretary of State for Transport v. Cuciurean [2022] EWCA Civ 661
Outcomes
Daanyaal sentenced to 28 days' imprisonment (suspended for 12 months) and ordered to pay £2,056.72 in costs.
Culpability category B, harm category 2 (high end), aggravated by overly tinted windows; mitigating factors included good character, remorse, and young age.
Hayes sentenced to 23 days' imprisonment (suspended for 12 months) and ordered to pay £2,431.30 in costs.
Culpability category B, harm category 2 (high end); mitigating factors included good character, remorse, and young age; less serious than Daanyaal's case due to lower speed and lack of vehicle condition aggravation.
Both defendants ordered to pay costs in installments of £100 per month, starting March 26, 2024.
Defendants accepted liability for costs; court allowed time to pay given financial circumstances.