A Clifton man has been given a suspended prison sentence after breaching an anti-social behaviour injunction three times.
Forty-six year-old Ashley Smith, of Florey Walk, Clifton, was originally given the injunction for intimidating and threatening violence against his neighbour.
Mr Smith, who is a Nottingham City Homes tenant, originally appeared at Nottingham Magistrates court in June over an assault, following a row with neighbours about loud music and a dog. Smith, admitted assault by beating and was fined £40 with £85 prosecution costs and ordered to pay £25 compensation.
Following this prosecution, Nottingham City Homes and Nottingham City Council’s Community Protection team worked to make sure that Mr Smith could no longer threaten or intimidate his neighbour, by submitting an application to the Nottingham County Court which granted an anti-social behaviour injunction against Smith. The anti-social behaviour injunction placed a number of conditions to restrain Smith’s behaviour and meant he could be arrested if he breached it.
A neighbour reported to the Police that Mr Smith had breached his injunction by being abusive and threatening towards him on July 14, Smith was arrested for breaching the injunction and given further conditions not to return to his home address until the matter could be brought back before the courts. During that time on August 3 Smith was arrested again when he was found at his property breaching the order.
On August 9 Smith admitted breaching the injunction on July 14 and August 3, and also admitted to being seen on July 27 walking along Florey Walk in breach of the injunction. At Nottingham County Court Judge Godmark QC handed him a 20 week prison sentence, for each breach of the order, to run concurrently suspended for one year. He was also ordered Smith to pay £2,500 court costs and Smith was also issued with a one-year injunction with a power of arrest. Judge Godmark warned Smith that if the order is breached he could be sent to prison for up to two years.
Kathy Sheldon, Assistant Director of Tenancy & Estate Services at Nottingham City Homes, said: “We do not tolerate any resident who threatens or intimates another. It is unacceptable and we will take action against them. We worked with Community Protection and the Police to make sure that Mr Smith could not cause misery to his neighbours anymore and he is now paying the price of ignoring the previous warnings and the injunction.
Cllr Toby Neal, Portfolio Holder for Community Protection, said: “This result shows we don’t take anti-social behaviour or breaches of injunctions lightly. They are there for a reason, and in this case to allow a resident to live peacefully without being threatened with violence or being intimidated.
Mr Smith had continued to harass this family despite warnings and injunctions to stop and we now hope they will be able to live peacefully. It is with great courage and perseverance the family in this situation, chose to give statements and work alongside ourselves and Community Protection to enable this matter to be bought before the Courts.”
“This result should be a message to anyone out there – we will take action against anti-social behaviour which could land you in court, with a hefty fine or even a prison sentence hanging over you.”