Sandwell Metropolitan Borough Council v Sheeran

A deliberate breach of an injunction prohibiting dangerous road racing is sufficiently serious to warrant an immediate custodial sentence in principle. Whether imprisonment should be served immediately depends on the circumstances of the breach and the defendant. Relevant considerations include whether it is a first breach, the defendant’s acceptance of responsibility and assurances of future compliance, personal circumstances, and consistency with the sentence imposed on a co-offender of equivalent culpability.

Sandwell Metropolitan Borough Council applied to commit Mr Reece Anthony Sheeran for breaching a car-cruising injunction made on 1 December 2014. Mr Sheeran admitted driving a modified vehicle at speed while racing another car on the A41, where the speed limit was 40 miles per hour. The conduct was observed by police, who were unable to gain on the vehicles while travelling at about 80 miles per hour.

The application concerned the sentence for breach, and in particular whether any custodial sentence should be suspended.

1. Mr Sheeran knowingly breached the injunction by participating in dangerous racing on a public highway. The conduct was undertaken for enjoyment and excitement, created a nuisance for local residents, and presented an obvious danger to road users.
2. The court held that the only appropriate sentence for breach of the injunction was imprisonment. The seriousness of the conduct and the need to protect the safety of the roads required a custodial sentence.
3. The court nevertheless suspended the sentence. Mr Sheeran’s breach was his first. He accepted the injunction’s requirements, said that he had not previously breached them, had not done so since the incident, and would not do so again. The court accepted those assurances.
4. The court also considered his age, full driving licence, dependants, employment and contributions to others. It regarded immediate custody as unnecessary in those circumstances. The fact that Mr Cooper-Edwards, whose culpability was considered equivalent, had received a suspended three-month sentence also supported equivalent treatment where possible.
5. The order was a sentence of three months’ imprisonment, suspended for twelve months, on condition that Mr Sheeran complied with the injunction of 1 December 2014. A copy of the injunction was directed to be attached to the committal order. Mr Sheeran was ordered to pay £500 costs by instalments of £50 per week.

Not stated in the judgment.