Claim No. B00GL096
In The County Court
Sitting at Gloucester & Cheltenham
Thursday, 4th June 2015
District Judge Singleton
Gloucester City Council – Claimant
Joseph Canavan – Defendant
Counsel for the Claimant: Not known
Counsel for the Defendant: Not known
Judgment Approved by the Court
DISTRICT JUDGE CANAVAN:
- The chronology in this matter is that an anti-social behaviour order was made against the defendant, Mr Canavan, on 9th February 2015 and it was confirmed at a hearing on 19th February 2015. Amongst the terms of that injunction was that he was not to engage in conduct which caused or was capable of causing nuisance or annoyance to other residents in the block and other types of person named in the order.
- The first breaches in connection with that order occurred between 23rd and 27th March when the defendant was smoking cannabis at this property and allowing the smells to emanate through the building, thereby causing nuisance and annoyance to other residents. He appeared at a hearing on 31st March 2015 after being arrested and he admitted those breaches and because that was the first breach under the order and he admitted them no punishment was imposed on that occasion but it was recorded that he did admit the breaches.
- Following the hearing on 31st March the defendant was arrested again on 14th The alleged breaches which led to that arrest have been read out to the defendant in court today and they are that it is alleged that about 5pm on 10th May he was smoking cannabis in his flat thereby allowing and/or causing smells to emanate from his flat which was conduct causing or capable of causing a nuisance or annoyance to other residents. Breach number 2 was that he engaged in similar conduct to that which I have just mentioned at 6pm on 11th May and breach number 3 it is alleged that on 11thMay between 7.30pm and 8.45pm he was smoking cannabis outside 58 to 68 Newton Road, Cheltenham and was throwing drink cans on an adjacent grass area and was dropping litter which amounted to conduct which caused or was capable of causing a nuisance or annoyance to other residents.
- I have read those allegations out to Mr Canavan today and he has admitted to all three of those breaches so I have to decide what punishment to impose on him. I am told that since 15th May there have not been breaches reported in respect of the defendant. The second thing is that he has admitted the allegations today which avoids a contested hearing and avoids other witnesses having to come to court and give evidence. He has also apologised to one of the residents and he has today promised to carry on behaving himself in accordance with the terms of the injunction order. So I take those factors into account but I do also have to take into account that the injunction itself was only imposed in February of this year and by March the defendant had already breached it and within two months of the March breach he has also committed further breaches on two separate days. So I have to take that into account.
- Taking all those things into account, I am going to impose a prison sentence of 28 days for each of the breaches to run concurrently, but I am going to suspend the prison sentence until the injunction order expires on 9th February 2016.