Case No: F01WD061
In the Luton County Court
17 April 2020
IN THE LUTON COUNTY COURT
BEFORE HHJ BLOOM
Mr Gallivan attending for the Claimant
The Defendant attended by phone having been refused entry by security at court
1. On the 17th April 2020 the court committed Nathan Briggs to prison in relation to an order dated 23rd December 2019 which included a paragraph that the defendant should not engage in conduct likely to cause harassment alarm or distress towards any resident occupying Swan Field House, Rickmansworth including but not limited to …(b) playing loud music TV or other electrical equipment at such volume as to be audible outside Flat 10 Swan Field House.
2. The court found that Nathan Briggs had breached that order by
(i) causing harassment alarm and distress to Emma Cashmore, a resident of Swan Field House, on 14th February 2020 by playing loud music so high at about 19.30 for over an hour so that the music was audible outside 10 Swan Field House and
(ii) causing harassment alarm and distress to Emma Cashmore, a resident of Swan Field House, on 14th February 2020 by playing loud music so high at about 21.10 for about an hour so that the music was audible outside 10 Swan Field House.
3. The court imposed the following sentences for those breaches
(i) Playing loud music on 14.2.20 at 19.30 : 14 days imprisonment suspended for one year on terms that the defendant complies with the injunction made on 23.12.19 as varied
(ii) Playing loud music on 14.2.20 at 21.10 : 14 days imprisonment suspended for one year on terms that the defendant complies with the injunction made on 23.12.19 as varied
The two sentences to run concurrently with each other.
4. The court considered the custody threshold was met as the defendant was plainly culpable and had denied liability throughout. This was more than a minor breach as he had played music very loudly for over two hours in one evening. His actions were at least reckless as to whether he breached the injunction . It caused significant distress to his neighbour. His actions had occurred within a short period of the order being made and targeted one of the people whom the injunction order had sought to protect.
5. The order to commit was suspended for a period of 14 days until 17th April 2021 and will not be put into force if during that time Nathan Briggs complies with the Injunction order made on 23.12.19 which was varied today so that it shall continue until 17.4.21. at midnight.