Committal for Contempt of Court in Open Court at Southend: Tuson

CivilCommittal for Contempt of Court

Claim No E00SS615

IN THE COUNTY COURT AT SOUTHEND

24 May 2021

Before:
HH PATRICK MOLONEY QC sitting as a Deputy Circuit Judge

Between:

SOUTHEND BOROUGH COUNCIL
-v-
ROBIN LEWIS TUSON

JUDGMENT ON CUSTODIAL SENTENCE FOR CONTEMPT OF COURT

 

  1. The Court today (24 May 2021) sentenced Robin Lewis Tuson of Southend-on-Sea to a total of 16 weeks imprisonment for contempt of court. He will be released after serving 8 weeks.
  2. The reasons for this sentence are as follows:
  3. Mr Tuson is a resident of a local authority flat at Barringtons, Sutton Road, Southend-on-Sea, Essex.
  4. On 12 November 2018 an interim injunction was granted by DJ Callaghan restraining him from anti-social behaviour against his neighbours.
  5. In 2019 he committed a series of breaches of that injunction. Following a 3-day hearing in March 2020 before me, he was found guilty of 5 instances of contempt and sentenced to 10 weeks imprisonment, suspended until 5 March 2022. The interim injunction was made final and extended to that date.
  6. Between January and April 2021, he committed a further 6 breaches of that injunction, all in the form of actions and gestures directed at one of his neighbours via her door-cam. The conduct included spitting, coughing, gesturing with a clenched fist and banging the door.
  7. These acts were all clearly recorded by the door-cam video which was provided to the Court. In addition, the Defendant admitted by affidavit that they were conduct likely to cause nuisance to his neighbour.
  8. At the hearing of the local authority’s application to commit for contempt, the Defendant was represented by solicitors and counsel. On the basis of the clear video and his own admissions, I was satisfied so that I was sure that he was guilty of these 6 breaches.
  9. Having taken into account the relevant sentencing guidelines and all the circumstances of the case, I sentenced the defendant to 7 days imprisonment on each breach, to be served consecutively, making 6 weeks in all. In addition I activated the 10 weeks suspended sentence in full and directed that it should also be served consecutively, making a total of 16 weeks immediate imprisonment .

HH PATRICK MOLONEY QC                                                                                                                                24 MAY 2021