Committal for Contempt of Court in Open Court at the County Court sitting at Bournemouth: Wheeldon

|Contempt of Court

In the Bournemouth County Court

Case No: C01BH658

  1. On the 24th May 2017 this court committed the following person to prison: Mr Sean Wheeldon
  2. In relation to an Injunction order dated 12th January 2017 which reads:
    1. The Defendant is not to enter or remain in the area of Bournemouth, outlined on the attached map except to appear at any hearing at Bournemouth Magistrates Court or to attend the Police Station.
    2. The Defendant (whether by himself or encouraging others) must not shout out to or approach any member of the public and engage in conversation in a public place in order to obtain money or donations within the Borough of Bournemouth.
    3. The Defendant (whether by himself or encouraging others) must not use foul, threatening or abusive language or behaviour towards any member of the public or towards any employee and/or contractor of Bournemouth Borough Council, or towards any volunteer or employee of the Rough Sleepers team in any public place within the Borough of Bournemouth.
    4. The Defendant must not lie, sit or sleep in any doorway of any commercial premises such as a shop or office within the Borough of Bournemouth
    5. The Defendant must immediately leave any premises or building or grounds of such premises or buildings when asked to do by a person with authority for said premises or building within the Borough of Bournemouth
    6. The Defendant will not be in possession of any illegal drugs and/or drug paraphernalia in any public area within the Borough of Bournemouth. “

Breach:

  1. The defendant admitted breaching that order by:

On the 21 April 2017 at approximately 14:30 hours, Mario Andrews, a Town Centre Ranger saw the Defendant whilst patrolling Bournemouth Town Centre, walking up Old Christchurch Road, Bournemouth which is in an area of Bournemouth which he is not allowed to enter.  As he passed me the Defendant who had only been released from prison that day spoke to me and said “How do I look”

Later at 15:20 hours the Defendant was seen by PC 2395 Cullen whilst on patrol in a marked Police vehicle walking from Lansdowne Crescent onto Holdenhurst Road, Bournemouth which is still within an area of Bournemouth which he is not allowed to enter.   PC 2395 Cullen stopped on Holdenhurst Road to speak with the Defendant who told him he had got out of prison that day.

On the 24 April 2017 at approximately 8:15 hours PC1926 Grant was on mobile patrol in a marked Police vehicle. He was driving up Old Christchurch Road, Bournemouth and saw the Defendant walk past the George Tapps public house which is in an area of Bournemouth which he is not allowed to enter. He stopped the vehicle to remind the Defendant that he should not be there and he replied “I have a probation appointment” PC Grant advised him that this was not the quickest way to walk there and he turned around and walked back up the hill.       A short time later at approximately 8:25 hours, PC 2395 Cullen & PC 2622 Gadsden left Bournemouth Police Station on Madeira Road, Bournemouth. As they were about to get into a marked Police vehicle they saw the Defendant walking past the Arts University, halls of residence on Madeira Road towards the town centre which is in an area of Bournemouth which he is not allowed to enter.  They got into the Police vehicle and PC Cullen drove the vehicle and stopped alongside the Defendant. He said to him ” you know you still have your ASBI and you are in breach by being here in Madeira Road. Where are you going?” He replied “Leave me alone”      . At 9.20hrs PC Gadsden made an enquiry at Bournemouth Probation, Madeira Road and asked a member of staff if the Defendant had an appointment that day 24 April 2017. He was advised that he did not.

On the 24 April 2017 at approximately 11:25 hours, Reuben Dear an Anti-Social Behaviour Officer employed by Bournemouth Borough Council was in his vehicle driving from the Triangle, along Avenue Road towards the Square when he saw the Defendant with others standing outside the APCOA car park on Avenue Road, Bournemouth, an area of Bournemouth which he is not allowed to enter.  He has since viewed CCTV taken 10 minutes earlier at 11:15 hours the same day and the Defendant can be seen walking down Commercial Road, Bournemouth, again in an area of Bournemouth which he is not allowed to enter

On the 25 April 2017 at approximately 08:45 hours PCSO 5309 Singleton & PCSO 5192 Elford were on foot patrol in Bournemouth Town Centre when they saw someone asleep in the doorway of 172 Old Christchurch Road, Bournemouth. They approached the individual and woke him up. As he got up they recognised him as the Defendant Sean Wheeldon, who was in an area of Bournemouth which he is not allowed to enter. PCSO Elford asked him why he was in an area from which he knows he is excluded. The Defendant replied “I have an appointment with Probation” PCSO Singleton then told him he needed to move as he was also obstructing a shop doorway preventing staff from entering. He walked off along Old Christchurch Road in the direction of the Lansdowne.

A short time later at approximately 09:20 hours PCSO 5309 Singleton & PCSO 5192 Elford saw the Defendant on Commercial Road, Bournemouth, still in an area of Bournemouth which he is not allowed to enter speaking to a female member of the public. When he sighted the officers, he walked away from the female and up Commercial Road towards the Triangle.

On the 25 April 2017 at approximately 12:15 hours, Reuben Dear an Anti-Social Behaviour Officer employed by Bournemouth Borough Council was in his vehicle and stopped at temporary traffic lights in Bourne Avenue. He was saw the Defendant cross the road in front of him from the Square to Central Gardens, an area of Bournemouth which he is not allowed to enter.  A short time later at approximately 13:50 hours Emma Ryan, an Empty Homes Officer employed by Bournemouth Borough Council was walking across Bournemouth Square and saw the Defendant in the Square still an area of Bournemouth which he is not allowed to enter.

On the 25 April 2017 at approximately 16:20 hours PC 2622 Gadsden was on mobile patrol in the Triangle area of Bournemouth when he saw the Defendant sitting on the pavement with a group of known drug users outside 20 Poole Hill, Bournemouth, which is in an area of Bournemouth which he is not allowed to enter.  He became aware of the officer’’ presence and walked off with the group up Poole Hill and turned into West Hill Road. He continued to walk along West Hill Road, turn left into Poole Hill Terrace, he then turned back towards the town centre walking back down Poole Hill, across Commercial Road and into Avenue Road, where he sat on a bench near the APCOA carpark opposite Bournemouth library in the Triangle, all these roads are in an area of Bournemouth which he is not allowed to enter.

On the 27 April 2017 at approximately 13:37 hours PCSO 5480 Young was on patrol in Bournemouth Town Centre when a distressed member of the public made him aware of an individual lying next to a phone box near Trinity House, 161 Old Christchurch Road, Bournemouth. He approached the individual and asked him to remove his blanket. When he did so he recognised him as the Defendant Sean Wheeldon, who was in an area of Bournemouth which he is not allowed to enter

On the 3 May 2017 at approximately 17:10 hours, Town Centre Rangers Jacqueline Arnold and Colin Haynes were on duty in McDonalds, Old Christchurch Road, Bournemouth when they saw the Defendant enter the restaurant, which is in an area of Bournemouth which he is not allowed to enter. He approached customers sitting at two tables, but on noticing the Town Centre Rangers who were in uniform, he immediately left the restaurant

Immediately afterwards at approximately 17:15 hours Mario Andrews, another Town Centre Ranger, saw the Defendant walking across the Square, Bournemouth still in an area of Bournemouth which he is not allowed to enter, approaching people and asking for money

On the 14th May 2017 between the hours of 09:00 and 13:20, Duncan Callaghan, an employee of Maplins, in Commercial Road, Bournemouth saw the Defendant asleep against the shutters of the shop known as Maplins in Commercial Road, an area of Bournemouth which he is not allowed to enter. At 13:20 hours he saw the Defendant stand up, take his penis out and urinate against the shop. He then sat down rolled up his trouser leg to expose a wound on his leg and proceeded to beg for money from members of the public passing by.

On the 18 May 2017 at approximately 15:30 hours PCSO 5309 Singleton & PCSO 5192 Elford were on foot patrol in Bournemouth Town Centre when they saw the Defendant outside the closed Austin Reed shop on the junction of Westover Road and Gervis Place which is in an area of Bournemouth which he is not allowed to enter. As he approached PCSO Elford said to him “you know you are breaching your court order”. The Defendant replied “there’s nothing you can do about it”

On the 19 May 2017 at approximately 09:00 hours PC 2361 Brooks was on patrol in Post Office Road, Bournemouth when he saw the Defendant in an area of Bournemouth which he is not allowed to enter. He was sitting outside subway with a blanket around him begging.

On the 20 May 2017 at approximately 20:00 hours PC 2724 Saunders and PS 2208 Williams were on duty and driving through Bournemouth Town Centre. As they drove through Gervis Place PC Saunders saw the Defendant in an area of Bournemouth which he is not allowed to enter stood at the entrance to Lower Gardens. He had his right trouser leg rolled up exposing the abscess on his leg.

And imposed the following sentence for those breaches.

Sentence: 26 weeks in custody.

District Judge Powell
24th May 2017.