Committal for Contempt of Court in Open Court at the County Court sitting at Birmingham: Whitsey

|Contempt of Court

Pursuant to paragraph 13 of Practice Direction: Committal for Contempt of Court – Open Court

Case No:  C01BM657

Birmingham City Council

-v-

Kieran Whitsey

In relation to the above numbered case on 3rd March 2017 2017, District Judge Douglas Taylor sitting in the County Court at Birmingham as a District Judge of the County Court, sentenced the Defendant in that case, Mr Kieran Whitsey, to a period of 16 weeks Detention (under section 9(1) of the Criminal Justice Act 1982) for contempt of court on breach of an Injunction Order dated 8 September 2016.

The above sentence is with immediate effect

The basis of the sentence imposed is that Kieran Whitsey Was in breach of the above dated Injunction, by:-

1. On Saturday 11 February 2017 at approximately 18:55pm you entered the area’s outlined in Green and Blue on Map 1; you were not using the route outlined in Blue for the sole purpose of access to and from your home address at 76 Tavistock Road, Acocks Green, Birmingham B27 7JG and you were in the area outlined in Green from which you are excluded in breach of term 3 of the Final Injunction Order dated 8 September 2016.

Sentence:- 4 weeks immediate sentence

2. On Saturday 11 February 2017 at approximately 18:55 hours, you also caused nuisance and annoyance by being carried in a vehicle which was being driven in a dangerous manner and was being driven in a park in breach of term 2 of the Final Injunction Order dated 8 September 2016.

Sentence:- 4 weeks immediate sentence

These 2 sentences are to run concurrently being a total of 4 weeks

3. Suspended sentences (s):

(i) imposed on 8 September 2016 .

(ii) imposed on 24 November 2016 (3 breaches)

(i) Suspended sentence of 56 days

(ii) Suspended sentence of 12 weeks on each breach

These suspended run concurrently, therefore being a total of 12 weeks

The suspended sentences in paragraph 3 are now activated and along with the sentences given in paragraphs 1 & 2 are to run consecutively, therefore:-

The total sentence ordered on 3 March 2017 is therefore 16 weeks

These breaches were contrary to the terms of the Injunction Order dated 8 September 2016 to which Kieran Whitsey was subject.