A engages in racist harassment of his neighbour B and her family. B complains to the police and to her housing association, which is landlord of both properties. She is advised to install CCTV outside the front of the property to obtain evidence. She does so, gathers evidence, and the court makes injunctions against A and his wife. A’s continued racist abuse is recorded by the CCTV and viewed by B later. The housing association takes committal proceedings for breach of the order. The judge makes a finding of fact that a breach had occurred and imposes a suspended sentence of imprisonment. A appeals on the basis that the judge was wrong to make the finding, and that the terms on which the sentence was suspended, which include an order preventing him from using any abusive language or gestures outside the properties, disproportionately breach his right to respect for his private life.
Held: Dismissed
Lord Justice Peter Jackson
[2021] EWCA Civ 1035
Bailii, Judiciary
Anti-Social Behaviour, Crime and Policing Act 2014 1 2
England and Wales
Updated: 16 August 2021; Ref: scu.664389