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Friday, 26 May 2023

TikTok Joker Convicted of Breaching Community Protection Notice

A TikTok joker has been convicted of breaching a community protection notice.

Bacari-Bronze O'Garro, 18, of Manor Road, Hackney, admitted one offence of failing to comply with a community protection notice when he appeared at Thames Magistrates' Court on Wednesday, 24th May 2023.

Failure to comply with a community protection notice is an offence under section 48(1) of the Anti-Social Behaviour, Crime and Policing Act 2014. The maximum penalty on the summary conviction of an individual is a fine at level 4 (currently £2,500 maximum). We have previously written about the legalities surrounding community protection notices.

The court heard that unemployed O'Garro, who goes by the name "Mizzy" on TikTok, was made subject to a community protection notice on 11th May 2022. The conditions of the notice prohibited him from trespassing onto private property.

Varinder Hayre, prosecuting, told the court that O'Garro had done just that by walking uninvited into a Hackney residential property on Monday, 15th May 2023. Not only that, but he uploaded footage of the distraught occupants of the property onto TikTok for the entertainment of his viewers.

Ms Hayre said: "The door of the property was open.

"Mr O'Garro walked into the property and immediately walked down the stairs.

"He was stopped by the home owner.

"He went into the living room. He sat down on the sofa and said 'Is this where the study group is?'"

Footage of the incident shows that O'Garro was repeatedly asked to leave the property.

It transpires the stunt was part of an idiotic social media trend, whereby TikTok users walk uninvited into other people's homes and record the interaction.

Lee Sergent, mitigating, told the court that his client, who had "an extremely difficult childhood", apologised for the incident.

"He is an intelligent young man and a young man with some potential," said Mr Sargent.

O'Garro is not in education, employment or training and is claiming Universal Credit.

In relation to the breached community protection notice, he was fined £200 and ordered to pay £80 surcharge and £85 towards prosecution costs.

District Judge Charlotte Crangle also made O'Garro subject to a two-year criminal behaviour order, which prohibits him from posting videos on social media without the documented consent of those featured in the footage; prohibits him from trespassing on private property; and prohibits him from attending the Westfield Centre in Stratford.

STOP PRESS: O'Garro has been arrested again this morning on suspicion of breaching his criminal behaviour order by uploading further social media videos on 24th and 25th May 2023.

Update (27/5/23): O'Garro has now been charged with three breaches of his criminal behaviour order. He appears in custody at Thames Magistrates' Court this morning, Saturday, 27th May 2023. Should he be convicted of the offence (e.g. admit it when he appears), which has a maximum penalty of 5 years' custody on conviction on indictment, then it is unlikely he will be sentenced today. Sentencing would likely be adjourned for probation reports and allocated to the District Judge who made the order, DJ Charlotte Crangle. That being the case, the Crown may well make an application for him to be remanded in custody to prevent the commission of further offences.

Update (27/5/23): O'Garro has denied the three breaches. He has been remanded in custody until his next hearing on Tuesday, 30th May 2023.

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