Section: Antisocial Behaviour

Case Law Update

Wear Valley DC v Robson [2008] EWCA Civ; [2008] All ER (D) 135 (Nov)

Wear Valley Council obtained an Injunction against Mr Robson, its tenant, to prevent him causing nuisance to his neighbours.

Following allegations that the Order had been breached, the Council applied to commit him to prison. Mr. Robson admitted being abusive and playing loud music on one occasion when he was drunk. A judge additionally found that three other breaches had been established, involving loud noise and abuse. Mr. Robson was sentenced to 6 months imprisonment.

Mr Robson appealed, arguing that the judge had been wrong to rely on the hearsay evidence of a council officer based on statements made by neighbours.

The Court of Appeal held that the judge had not erred in relying on the hearsay evidence and the sentence was not excessive - particularly as the effect of Criminal Justice Act 2003 section 258 was that only half the term would be served.

R(G) v Greenwich Magistrates' Court [2008] EWHC Admin; [2008] All ER (D) 70 (Nov)

On an application for an ASBO, a court had been satisfied that the defendant had been a gang member, committed antisocial behaviour and often wore a hood to intimidate others.

The judge imposed a condition of the ASBO that the defendant was not to wear any garment with a hood, on the basis that it would reduce his swagger and menace and the fear of antisocial behaviour.

The High Court dismissed a claim for Judicial Review. The condition could be justified, not only on the grounds that the judge gave, but because it would address a gang uniform adopted, in part, as an attempt to escape criminal liability.

Fairweather v Metropolitan Police Commissioner (2008] EWHC (Admin), [2008] All ER (D) 26 (Dec)

On a claim for an ASBO, the magistrates' court was provided with experts reports showing that the defendant, who had a long history of alcohol abuse and convictions for 68 offences over 13 years, was of a relatively low IQ and had moderate learning difficulties.

The court was satisfied that:

the defendant had been guilty of considerable antisocial behaviour at a block of flats housing elderly and disabled tenants; and
she was capable of understanding the terms of an ASBO.

The Court made an Order for five years.

The High Court dismissed an appeal, finding that there had been no irregularity in the making of the Order.

Section: Antisocial Behaviour

Case Law Update

Legal Update

Reporting on Nov 2008-Jan 2009

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