Birmingham City Council v Robinson [2016] EW Misc B24 (CC) (26 September 2016) [2016] EW Misc B24 (CC)
[1]JUDGMENT HIS HONOUR JUDGE WORSTER: Mr Robinson, would you stand up? When you were here on 17 th June, I explained to you the seriousness of these sorts of orders and that I was giving you a chance on that occasion because of the explanation you gave me about the circumstances in which you met Jacob Brown, but that if you breached the lenient sentence that I passed on you on that occasion then you would have to serve it.[2]There were two breaches on this occasion. I do give you considerable credit for owning up to them today. You could have owned up to them last time but you have owned up to them today. I am not blind to the fact that you have done so, as your solicitor says, in the full knowledge of what that means. These injunctions are very important. I appreciate you deny the basis of it, but a court order has to be enforced because there is a danger to you and to others of you being in these areas. I take the point that you were not committing any offences as such. That is not an aggravating feature.[3]It is the breach of the order that I have to sentence you for. You are 23. I take account of the fact that you have not been in prison before and I will reduce the sentence to recognise that fact, but I have to pass an immediate sentence upon you today. It is as short as I can possibly make it because it is the fact of a sentence rather than the length that I think will have its effect, if it has any effect at all.[4]The sentence for the two breaches would have been three months but for your plea. I am reducing that to two months to take account of your plea. That is the fullest possible credit I can give you for it. I am adding to that the 14 days that I passed on you in June but I am deducting two days, which gives you credit for the nights you spent in custody following your arrest. So, that is a total of 68 days, of which you will serve half, so that will be just over a month inside which seems to me in the circumstances to be the shortest possible sentence I can pass upon you for these breaches. You can sit down.[5]There will be a transcript at public expense of my sentencing remarks. I activate the suspended sentence as I have indicated, so that comes to an end and the usual order for costs. THE JUDGE: You are legally aided, Ms Robinson? MS ROBINSON: Pardon me? THE JUDGE: You are legally aided? MS ROBINSON: I am. THE JUDGE: So, the usual order for costs for Legal Aid. Mr Robinson, if you will wait, please, because a number of documents have been completed which go with you to the prison and then the bailiffs will take you there. There is a document that I have to sign, so, as I say, if you will wait with the bailiffs, please. [Judgment ends]