Committal for Contempt of Court in Open Court at the County Court sitting at Manchester: Fitzsimmons

|Contempt of Court

In The  Manchester County Court

Case No: C02MA031

  1. On the 16th February 2016 this court committed the following named person to prison

    Ian Fitzsimmons

  1. In relation to an order dated

    26th October 2016

  1. Which provided that the Defendant should not [set out relevant paragraphs of the order]
  1. Engaging in conduct which causes or could reasonably be foreseen to cause nuisance or annoyance, alarm or distress to any person living, visiting or otherwise having lawful reason to be in the locality of 22 Reece Court, Dukinfield, Cheshire, SK16 4AB (“the Property”);
  2. Playing loud music or making excessive noise in the Property that can be heard outside the Property or inside neighbouring properties and is such that causes or could be reasonably foreseen to cause nuisance and annoyance.
  1. The court found following admissions made he had breached that order by
  1. Defendant came home drunk, fell over and put his TV on. Witness banged on his door but the Defendant did not answer.
  2. Defendant outside his front door, drunk, banging around. Sat on neighbours mat, rang police and swearing down phone. Joiner attended to drill out and change locks, witness eventually got back to bed at 1:30am.
  3. Defendant drunk and falling over outside his door. Cut his head open so witness rang the police who advised they would send an ambulance. The witness heard him banging around in his flat, then outside attempting to open meter cupboard with a screwdriver. Ambulance then arrived to treat him. Witness thinks he fell over 3 times inside his flat and twice outside causing her nuisance and annoyance.
  1. And imposed the following sentence(s) for those breach(es)
Breach:

1. Activation of the 6 month suspended sentence
2. Defendant came home drunk, fell over and put his TV on. Witness banged on his door but the Defendant did not answer.
3. Defendant outside his front door, drunk, banging around. Sat on neighbours mat, rang police and swearing down phone. Joiner attended to drill out and change locks, witness eventually got back to bed at 1:30am.
4. Defendant drunk and falling over outside his door. Cut his head open so witness rang the police who advised they would send an ambulance. The witness heard him banging around in his flat, then outside attempting to open meter cupboard with a screwdriver. Ambulance then arrived to treat him. Witness thinks he fell over 3 times inside his flat and twice outside causing her nuisance and annoyance.

Sentence:

1.  6 months immediate custodial sentence forthwith.

2. 1 month for each breach to run concurrent to each other

3. The 1 month sentence is to run consecutive to the 6 months:

in total 7 months.

 

 

  1. Accordingly it was ordered that Ian Fitzsimmons be committed for contempt to Her Majesty’s Prison at Manchester for a total period of 7 months or until lawfully discharged if sooner.

HHJ Main QC
16 February 2017