Committal for Contempt of Court in open court at Clerkenwell and Shoreditch: Darby

CivilCommittal for Contempt of Court

Claim No: H00EC070

In the County Court
Sitting at Clerkenwell and Shoreditch

2 August 2021

Before:

Deputy District Judge Dray

  1. On the 2nd of August 2021 this court committed the following named person – SAMANTHA DARBY – to prison
  2. In relation to an Order dated 1 February 2021 as varied on 15 February 2021
  3. Which Order provided that the Defendant, Samantha Darby, should not:
    1) Paragraph A(f) – approach, contact or communicate directly or indirectly with Ms Khanom-Ali of Flat 4, 45 Kay Street, Tower Hamlets, E2 8QB
    2) Paragraph C – engage in conduct causing or capable of causing nuisance, annoyance, harassment, alarm or distress to any person in the locality of, residing in, or engaged in lawful activity in 45 Kay Street, London E2 8QB, such behaviour to include, but not limited to, banging, shouting, using abusive or foul language, racist, abusive, derogatory behaviour and verbal abuse.
  4. The court found that, following admissions and findings of fact, the Defendant had breached that Order by:

Breach 1

Around 7.30pm on 28 April 2021 the Defendant caused very loud noise nuisance when she constantly banged on the front door to her own flat (Flat 5, 45 Kay Street), in breach of paragraph C of the Order.

Breach 2

Around 4pm on 1 May 2021 the Defendant caused a loud bang and smashing inside her flat (Flat 5, 45 Kay Street).  She then repeatedly banged on the front door to Flat 4, 45 Kay Street (the flat of Mrs Khanom-Ali) and said “Bitch”, causing Mrs Khanom-Ali alarm and distress, in breach of paragraphs A(f) and C of the Order.

Breach 3

Immediately after the events in Breach 2, the Defendant continued to cause noise nuisance (further smashing and banging) inside her own flat (Flat 5, 45 Kay Street), which noise could be heard outside the flat by Mrs Khanom-Ali, in breach of paragraph C of the Order.

Breach 4

Also on 1 May 2021, following the events in Breaches 2 & 3 above, the Defendant came out of her flat (Flat 5, 45 Kay Street) upon hearing Mrs Khanom-Ali leaving her flat (Flat 4) and in so doing approached Mrs Khanom-Ali in the communal area outside the two flats, causing Mrs Khanom-Ali alarm and distress, in breach of paragraphs A(f) and (C) of the Order.

  1. And the court imposed the following sentence(s) for those breach(es)

Breach 1:         Sentence: 4 weeks

Breach 2:          Sentence: 8 weeks

Breach 3:          Sentence: 4 weeks

Breach 4:         Sentence: 4 weeks

All such terms of imprisonment to run concurrently.

  1. Accordingly it was ordered that Samantha Darby be committed for contempt to prison for a total period of 8 weeks or until lawfully discharged if sooner.
  2. The committal order is suspended until 12 noon on 1 February 2022 and will not be put into force if during that time Samantha Darby complies with the Order dated 1 February 2021 as varied on 15 February 2021.