Justice is a complicated concept. For many people, and certainly the victims of crime, it’s black and white and the perpetrators who targeted them should be sent to jail as punishment.
But in practice the system is far more grey and defence barristers will argue tooth and nail for their client not to be sent down if they think it is a possibility. Occasionally the punishments handed out to lawbreakers can seem too harsh or, as is more often the case, too lenient. At least that’s how it looks to those outside of the law.
Comparing different cases and types of crimes can be like comparing apples and oranges. And each case should rightly be dealt with on its own merits. But equally the public understandably scratch their heads when some criminals are locked up for certain offences but others are not.
READ MORE: Birmingham couple beat, starved and threatened to hang their children upside down from a tree
Below we have listed some of the cases last year where the outcome might surprise you. This is not to express our own judgement on the sentences passed, it is merely to provide a flavour of how the justice system works.
Read the case summaries and see if you can guess correctly whether the culprit was jailed or not before scrolling further down to read their sentence.
Case summaries
Hushaym Nesbeth
Buses in Birmingham
(Image: Graham Young)
Teenager Hushaym Nesbeth threatened a bus driver with a ‘Rambo’ knife after missing his stop. He got on the No.23 for Quinton and without paying pushed past an elderly couple to go upstairs.
Moments later the then 19-year-old came down demanding the bus be halted only for the driver to refuse and tell him he should have indicated earlier. Nesbeth ‘threw a tantrum’, brandished the large blade and repeatedly banged it on the driver’s door as well as poked it through the change slot.
CCTV captured him saying ‘fam stop the f***ing bus, on my mum’s life stop the f***ing bus bruv’ before fleeing the vehicle. Four months later he was arrested after he was reported ‘showing off’ with a lock knife in a city restaurant.
Nesbeth, aged 20 at the time of his sentence and from Rednal, admitted making threats with a knife and possession of a knife. But was he sent to jail or not? Scroll down to find out.
Farhad Ajaz
The XL bully dog attacked an 11-year-old girl and two men
(Image: SWNS)
Farhad Ajaz’s suspected XL Bully dog Tyson got loose in Bordesley Green and mauled an 11-year-old girl who had tried to walk past it at a bus stop. The dog bit her arm, bringing her to the ground, and then sank its teeth into her shoulder before members of the public helped her flee into a nearby shop.
But Tyson then ran after two brave men who had tried to intervene and attacked them on a nearby petrol forecourt, injuring them both. Eventually, Ajaz got hold of the dog and muzzled it. In a separate case the 62-year-old harassed his ex-partner by repeated unwanted visits to her home and abusive phone calls.
He threatened to put her ‘in a grave’ and warned his ex ‘tell police you’re going to die now’. Birmingham Crown Court also heard Ajaz, of Bordesley Close, had previously served 25 years of a life sentence from the age of 15 for an undisclosed crime. He admitted harassment, putting someone in fear of violence and three counts of being an owner of a dog which caused injury while dangerously out of control.
Haris Ghaffar
Damage at the Clumsy Swan pub in Birmingham, following ongoing unrest across parts of the country
(Image: PA)
Teenager Haris Ghaffar kicked the door of The Clumsy Swan pub in Yardley during an anti-English Defence League protest. It took place during an unauthorised Muslim rally which started in Bordesley Green in response to false rumours the EDL was going to march in the area.
As protestors approached The Clumsy Swan the manager asked customers to bring in outside stools and locked the doors. But one man went out and started acting aggressively towards the crowd, which prompted a number of them to retaliate and beat him to the floor.
Ghaffar, aged 19, was not directly involved in that but he went to the side and kicked a wooden door, which led to others doing the same. Customers and staff tried to barricade the entrance and it ultimately held firm. Ghaffar, from Handsworth, admitted violent disorder.
Paul Merrell
Sky warns ‘all’ TV viewers and customers say ‘we are being penalised’
School headteacher Paul Merrell made £240,000 of profit by running an illegal online streaming business that ripped off the likes of Sky and BT. The 43-year-old operated the racket for four years and had around 2,000 customers.
He sold software for £10-a-month providing illegal access to subscription-only services including BT and Sky, which typically charged £50 to £60 a month. Ben Mills, prosecuting for Birmingham City Council, said legitimate customers of Sky and BT ended up with higher bills because of the loss to the companies from illegal streaming. He also said grassroots football missed out on funding.
Merrell was headmaster at Elmfield Rudolf Steiner School in Stourbridge and had been credited with turning around the financial fortunes of the boarding school, where staff said it would be at risk of closure without him. The married father-of-one, from Sutton Coldfield, admitted two offences under the Copyright, Designs and Patents Act.
Jason Singh
The Facebook logo on a laptop
(Image: Dominic Lipinski/PA Wire)
Jason Singh got an underage girl pregnant. Birmingham Crown Court heard there was a ‘huge’ age gap between him and the female. He met her on Facebook and she initially told him she was 16 before later admitting she was 14. He was 21 at the time.
Singh had been issued with a child abduction notice not to contact her before a sexual harm prevention order (SHPO) was imposed at Birmingham Magistrates’ Court, which he breached by having sexual activity with the girl.
Judge Dean Kershaw concluded the defendant had effectively groomed the girl. He said: “This is not a case of it being non-consensual. But this was a child, people of that age don’t know what full consent is.”
He continued: “Jason Singh the age gap between you and (the girl) may not in terms of the number of years seem that many but it’s huge. I’m not satisfied, from what I have read, you truly believe how serious this situation is.
“Someone your age, 21 (at the time), who has got a 14/15-year-old girl pregnant is utterly disgraceful. Your family should be disgusted with you and in my view you should be disgusted with yourself.”
Singh, previously from Tyseley but more recently of Warner Street, Derby, admitted two counts of breaching a sexual harm prevention order (SHPO).
Aimie Hodgkinson-Hedgecox
The scene after a destructive night at the Holiday Inn Express in Tamworth where rioters attacked a hotel housing asylum seekers
Aimie Hodgkinson-Hedgecox took a young boy to a riot outside the Holiday Inn Express in Tamworth which was targeted in an arson attack. The 37-year-old was recorded shouting ‘incendiary and racist’ remarks at police who were their protecting asylum seekers housed in the hotel.
Wearing shorts and Crocs-style footwear, she swore at officers and pulled an 11-year-old boy out of the way as a firework was aimed at them. Hodgkinson-Hedgecox had intended to take the boy to a skate park when she noticed the crowd and decided to join the protest.
She left the area shortly after being recorded. During the incident the hotel was damaged and petrol was poured inside and set alight. Hodgkinson-Hedgecox, of Edale, Stonydelph, Tamworth, had 14 previous convictions involving 30 offences. She admitted violent disorder.
Joshua Batey
Kitty Café in Grand Central, Birmingham
(Image: Graham Young / BirminghamLive)
Joshua Batey trashed Birmingham’s Kitty Café, causing around £80,000-worth of damage, after he was thrown out of Snobs nightclub and flew into a drunken rage. He sneaked into the Grand Central venue through the back doors and smashed up the bar area, machines and furniture.
He also attempted to break the plastic doors which contained the cats, before he fled. As well as the cost of the damage the business also lost out on £30,000-worth of earnings due to being forced to shut for a week. Batey, aged 21, from Cannock, admitted criminal damage.
Shania Begum
HMP Birmingham
(Image: SWNS)
HMP Birmingham prison officer Shania Begum was caught having sex with an inmate in the store cupboard. She was put under surveillance after arousing suspicions at the Winson Green-based jail.
A covert camera captured her behaviour with prisoner Joshua Mullings escalate from flirting and ‘heavy petting’ to full sex. On one occasion with him the 25-year-old ignored her work radio. On another she was interrupted by a colleague who was looking for her because she had been gone for an hour.
Begum, from Telford, admitted she felt ‘cherished’ by the inmate whereas at home she claimed she had been pressured into an arranged marriage with a man who was controlling and manipulative to her. She admitted misconduct in a public office.
Punishments
‘Rambo’ knife bus passenger – Spared jail
Hushaym Nesbeth
Nesbeth was handed a 20-month suspended sentence while he was also made the subject of a Serious Violence Reduction Order, meaning the police can search him for a knife without having any other cause.
His barrister argued he carried a knife for self-defence due to having been stabbed in the head aged 16. She also confirmed Nesbeth’s own mother was a bus driver, adding he particularly regretted that incident.
Recorder Tom Walkling, passing sentence, said: “I’m just persuaded in your case you ought to be given a final chance. Sending you to prison for 20 months I’m concerned about how much could be achieved given how over-filled prisons and young offenders institutes are.
“I’m worried about the impact the environment would have on the people you associate with and the rest of your life. I’m going to give you a final chance.”
Dangerous dog owner – Spared jail
Farhat Ajaz outside Birmingham Crown Court
The court was told Ajaz was in very poor health and had even described himself as a ‘dead man walking’. He had in fact suffered a heart attack on the way to hospital on the day his dog attacked three people.
His barrister said he had multiple health issues including serious chest and heart problems, arguing he was house-bound and that a prison would not be able to accommodate his medical needs. Ajaz was handed a two-year suspended sentence.
Judge Heidi Kubik KC: “I make it perfectly clear were you a young man in good health you would be going immediately to prison today. But that’s not the position as far as you are concerned.”
The dog was destroyed. It was not possible to determine whether Tyson was an XL Bully or not but it would not have been a prohibited breed as the new legislation had not come into effect by the time of the incident.
Pub door kicker – Jailed
Haris Ghaffar, aged 19, from Handsworth attacked The Clumsy Swan pub in Yardley during widespread civil unrest in the country
Ghaffar was sentenced to 20 months. Judge Melbourne Inman KC concluded Ghaffar had shown a realistic prospect of rehabilitation but he ruled that jail was the only ‘appropriate punishment’ for the type of civil disorder which threatened to sweep the country at the time.
He said: “It must be made clear to everyone this type of civil disorder will result in prison sentences and the court has a duty to ensure it does all it can to protect the public against this type of disorder and violence.”
Illegal streaming headteacher – Jailed
Paul Merrell leaving Birmingham Crown Court after a previous hearing
(Image: Birmingham Mail)
Merrell was sentenced to 12 months. Judge Simon Drew KC acknowledged he had suffered a ‘fall from grace’ but concluded that a deterrent punishment needed to be passed for a ‘sophisticated and persistent commercial undertaking’.
He estimated Merrell had diverted up to £3m away from television subscription companies, although he accepted that not everyone who purchased illegal streaming packages would have purchased a legitimate one.
Man who impregnated underage girl – Spared jail
Jason Singh
Singh was sentenced to 20 months suspended for 18 months, including 60 hours of unpaid work and 30 days of rehabilitation activity. Judge Kershaw acknowledged he had complied with the terms of a deferred sentence agreement by not having contact with the girl.
He also noted that he was working and ‘otherwise living a decent life’. The SHPO bans Singh from unsupervised contact with anyone under the age of 16. It will remain in place until 2028.
Asylum seeker hotel protestor – Jailed
Aimie Hodgkinson-Hedgecox took a boy of 11 to the Tamworth riot.
(Image: PA)
Aimie Hodgkinson-Hedgecox was sentenced to two years and three months, a term slightly longer than the two-year threshold which can be suspended. Judge Jonathan Gosling concluded her actions were seriously aggravated by the fact she took a boy to the scene.
He stated her involvement ‘wasn’t politics’ or a right to peaceful protest and said: “Nobody is being punished for expressing their own views.”
He continued: “This was anarchy. You were lending support to an extremely violent racist protest… where lives were endangered.”
Hodgkinson-Hedgecox reacted angrily at being jailed. Looking over to friends and relatives in the public gallery she said: “It’s a joke, it’s a f***ing p***-take.”
Kitty Café wrecker – Spared jail
Joshua Batey
(Image: …/Birmingham Live)
The court heard Batey had a number of mental health issues. His barrister argued he had stopped binge-drinking and changed his life ‘drastically’ to reduce the risk of him losing his temper.
Batey was sentenced to 12 weeks suspended for one year with requirements to complete 15 days of rehabilitation activity and 200 hours of unpaid work. The judge concluded he had a realistic prospect of rehabilitation.
Prisoner officer – Jailed
Shania Begum, who worked as a prison officer at HMP Birmingham
(Image: WMP)
Begum was sentenced to 16 months. Judge John Butterfield KC told her that her actions were an ‘utter repudiation of the trust placed in you’.
He said: “It has the potential and actual corrosive impact on the stability and welfare of the prison estate. It is a clear and present risk to good order.”