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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Medway Council v L [2017] EWHC B29 (QB) (24 November 2017) URL: https://www.bailii.org/ew/cases/EWHC/QB/2017/B29.html Cite as: [2017] EWHC B29 (QB) |
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QUEEN'S BENCH DIVISION
Chaucer Road Canterbury CT1 1ZA |
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B e f o r e :
____________________
MEDWAY COUNCIL |
Claimant |
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- and - |
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EUGENE L |
Defendant |
____________________
1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. Fax No: 020 7831 6864 DX 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
MR L appeared as Litigant in Person
MISS GAFFNEY appeared as McKenzie Friend for the Respondent
____________________
Crown Copyright ©
MR RECORDER ROYALL:
MR CHALLONER: Your Honour I believe that's correct yes.
THE RECORDER: ... when committal proceedings were taken, the alleged breaches were proved, and as a result the defendant was sentenced to a term of imprisonment of 56 days suspended for a period of 12 months. He is, therefore, in breach of that suspended order.
MR L: We will not be gagged.
MALE VOICE: Sorry?
MR L: We will not be gagged.
MALE VOICE: No, yeah you won't be that time.
MR L: We will not be gagged.
MALE VOICE: I know.
MR L: We will not be gagged your Honour.
THE RECORDER: Sorry?
MR L: We will not be gagged okay.
THE RECORDER: I didn't hear.
MR L: We will not be gagged.
MALE VOICE: Gagged.
MR L: Gagged, 'J A G G E D', we will not be gagged okay.
MISS GAFFNEY: Gagged.
MR L: Prison, not prison we will not be gagged.
THE RECORDER: That order was suspended for a period of 12 months expiring on 18th January 2018. That order was made specifically in relation to the breach of Theis J's order. There were subsequent committal proceedings in respect of a breach or breaches of the protection from harassment injunction and again the Judge, having found matters proved, sentenced the defendant to a further term of imprisonment of 56 days suspended, as I read the file, for an indefinite period.
MR CHALLONER: Your Honour I believe it was suspended for 12 months until 15th June 2018.
THE RECORDER: I could not ...
MR CHALLONER: It's B97.
THE RECORDER: I did not find that but ...
MR CHALLONER: Apologies your Honour.
THE RECORDER: ... yes, thank you. Well for the record purposes yes I have got it, the order was suspended until 4 p.m. on 15th June 2018. The Defendant is therefore also in breach of that suspended order.
MR L: Till my son come back home okay.
THE RECORDER: "It is my right to do so."
MR L: To name my own son this is my right okay. It will not work because they will, they will be identifying them many much more than it was before so you can imprison me but you'll not imprison all of them. It's okay.
THE RECORDER: I am satisfied that having been subject to two previous suspended orders, and now being advised by Mr L that he will carry on ...
MR L: Unless they will answer my negotiations your Honour.
THE RECORDER: ... as he has ...
MR L: ... not indefinitely.
THE RECORDER: ... done in the past, then Mr L I sentence you to a term of imprisonment of 6 months, in relation to each breach, Mr Challoner to run concurrently, and I put into effect the suspended 56 day sentence of imprisonment in respect of each of the two breaches, again to run concurrently, meaning that Mr L will serve a total of 8 months imprisonment.
Approved
Martyn Royall
Recorder 30th January 2018