Birmingham City Council v Daniel Gordon & Anor
[2024] EWHC 1525 (KB)
Wolverhampton City Council & Ors v Anthony Gale & Anor
3 October 2023
[2023] EWHC 3591 (KB)
High Court
Two people were caught street racing and broke a court order banning it. They admitted it and got short prison sentences that they won't have to serve if they stay out of trouble. They were also lucky and didn't have to pay any extra money.
Key Facts
- •Anthony Gale and Wictoria Szczublinska were found in contempt of court for breaching an interim injunction prohibiting street racing.
- •The injunction, granted in a case brought by four Black Country local authorities, aimed to prevent street or car cruising.
- •Both defendants admitted to racing their cars at excessive speeds on Kenrick Way, West Bromwich, on May 28, 2023.
- •Mr. Gale raced his car against a motorcycle at speeds up to 80 mph, while Miss Szczublinska raced against a Vauxhall Insignia at approximately 90 mph.
- •Both defendants had no prior convictions and expressed remorse.
Legal Principles
In civil contempt proceedings, the burden of proof rests on the claimants to establish the allegations beyond reasonable doubt.
This judgment
Objectives in sentencing for civil contempt are: ensuring future compliance, punishment, and rehabilitation.
Lovett v Wigan Borough Council [2022] EWCA Civ 1631 at paragraph 39
In assessing sanctions for contempt, the court considers the seriousness of the conduct (culpability and harm), whether a fine is sufficient, and the shortest period of imprisonment necessary if a custodial penalty is required.
Attorney General v Crosland [2021] UK Supreme Court 15, summarised in Breen v Esso Petroleum Company Limited [2022] EWCA Civ 1405
Sentencing for contempt is analogous to criminal sentencing, considering culpability and harm, with mitigation (remorse, character) and aggravating factors.
Attorney General v Crosland [2021] UK Supreme Court 15
Reduction in sentence for early admission of guilt is applicable.
Attorney General v Crosland [2021] UK Supreme Court 15
Outcomes
Both defendants were found guilty of contempt of court.
Their admitted actions constituted a breach of paragraph 1 of the interim injunction, involving dangerous racing in a busy area.
Mr. Gale received a 23-day prison sentence, suspended for 12 months.
Custodial sentence deemed necessary due to the serious risk of harm; sentence reduced by one-third for early admission of guilt and suspended considering mitigation factors such as good character, remorse, and being a primary caregiver.
Miss Szczublinska received a 28-day prison sentence, suspended for 12 months.
Custodial sentence deemed necessary due to the serious risk of harm; sentence reduced by one-third for early admission of guilt and suspended considering mitigation factors; an aggravating factor was her presence at other car cruising locations earlier that evening.
No order as to costs was made.
Claimants did not apply for costs.