Claim No E00SS615
IN THE COUNTY COURT AT SOUTHEND
24 May 2021
HH PATRICK MOLONEY QC sitting as a Deputy Circuit Judge
SOUTHEND BOROUGH COUNCIL
ROBIN LEWIS TUSON
JUDGMENT ON CUSTODIAL SENTENCE FOR CONTEMPT OF COURT
- 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.
- The reasons for this sentence are as follows:
- Mr Tuson is a resident of a local authority flat at Barringtons, Sutton Road, Southend-on-Sea, Essex.
- On 12 November 2018 an interim injunction was granted by DJ Callaghan restraining him from anti-social behaviour against his neighbours.
- 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.
- 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.
- 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.
- 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.
- 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