Kingston-upon-Thames County Court
Claim No. D00KT502
21 July 2017
In relation to Claim No. D00KT502, on 21st July 2017 at the County Court at Kingston-upon-Thames, I, District Judge John Smart, sentenced the Defendant Michael Finbarr Kelly to a suspended custodial sentence of 8 weeks, suspended until 2nd June 2018 on condition that he complies with the terms of an injunction dated 2nd June 2017 granted by Deputy District Judge Dagnall. I suspended the sentence with a view to securing the Defendant’s compliance with the injunction.
The basis of that sentence (which was a concurrent sentence on each of 2 breaches) was as follows. The Defendant was found guilty by me of Contempt of Court in that on two occasions, namely on 23rd June 2017 and 25th June 2017 he broke the terms of the said injunction, which had been granted until trial or further order on a without notice application by the Claimant, Circle Thirty Three Housing Trust Limited under s.1 of the Anti-Social Behaviour, Crime and Policing Act 2014. The injunction had attached to it a power of arrest under s.4 thereof, the duration of which power was extended to 2nd June 2018 by me on 27th June 2017. The Defendant had been arrested and granted bail by His Honour Judge Waller on 23rd June 2017 and had been arrested again on 25th June 2017. The injunction forbade him from, amongst other things, using threatening, foul, abusive or insulting language, including body language and gestures towards Caroline Edon or Lisa Hunter.
On 23rd June 2017 the Defendant used foul and abusive language to Caroline Edon, which drew attention to her disability and distressed her, namely “You fucking cripple, you’ll be the first one out of here”. There was no provocation by Ms Edon. Then, while on bail, he used foul and abusive language and body language and gestures towards Liza Hunter on 25th June 2017, whom he approached, un-provoked, and aggressively until a neighbour intervened, which led her to fear for her safety and that of her 2 year old daughter.
District Judge John Smart