Birmingham City Council v Victoria Adshead
[2024] EWHC 2259 (KB)
Wolverhampton City Council & Ors v Rebecca Richold
9 January 2024
[2024] EWHC 162 (KB)
High Court
A young woman was caught street racing and broke a court order banning it. The judge said she did something wrong but because she's young, has a good job in the army, and is sorry, she won't go to jail – but she will if she does it again.
Key Facts
- •Rebecca Richold admitted contempt of court for breaching an interim injunction prohibiting street racing (car cruising) in the Black Country.
- •The injunction, initially granted by Hill J and amended by Ritchie J, forbade participation in gatherings involving dangerous driving between 3 pm and 7 am.
- •Richold was arrested on September 2, 2023, for racing at high speed on Kenrick Way, West Bromwich.
- •Richold initially contested the speed but later admitted breaching the injunction.
- •The court considered the video evidence, police statements, and Richold's admissions.
- •Richold is a 19-year-old private in the British Army with a clean criminal record and a positive character reference.
Legal Principles
In contempt proceedings, the burden rests on the claimants to establish the allegations of contempt beyond reasonable doubt.
This judgment
Objectives when imposing penalties for civil contempt are ensuring future compliance; punishment; and rehabilitation (Lovett v Wigan Borough Council [2022] EWCA Civ 1631).
Lovett v Wigan Borough Council [2022] EWCA Civ 1631
Sentencing approach for contempt involving anti-social conduct follows guidance in Lovett, using a matrix by analogy (Birmingham City Council v Lloyd [2023] EWCA Civ 1355).
Birmingham City Council v Lloyd [2023] EWCA Civ 1355; Lovett v Wigan Borough Council [2022] EWCA Civ 1631
When sentencing for contempt, the court considers culpability and harm caused or risked. The court also takes into account aggravating and mitigating factors (Attorney-General v Crosland [2021] UKSC 15; Breen v Esso Petroleum Company Limited [2022] EWCA Civ 1405).
Attorney-General v Crosland [2021] UKSC 15; Breen v Esso Petroleum Company Limited [2022] EWCA Civ 1405
Outcomes
Richold was found in contempt of court.
The court found her actions of street racing on Kenrick Way to be a breach of the injunction, proven beyond reasonable doubt.
Sentence: 27-day suspended prison sentence for 12 months.
The court considered the seriousness of the breach, her age, lack of prior convictions, remorse, character references and contribution to her employment within the British Army. The sentence was suspended due to her youth, positive character, stable employment, remorse, and modified behavior.
No order as to costs, save for a public funding assessment of the defendant’s costs.
The claimants made no application for costs.