Source: All England Reporter
Publisher Citation: [2014] All ER (D) 156 (Jan)
Neutral Citation: [2014] EWHC 56 (Fam)
Court: Family Division
Judge:

Sir James Munby P

Representation The applicant did not appear and was not represented.
  Anthony Jerman for the respondent.
Judgment Dates: 22 January 2014

Catchwords

Contempt of Court - Civil Contempt - Sentence - Respondent father attacking mother in County Court - Father being sentenced by Crown Court to 20 months' custody for assault occasioning actual bodily harm and common assault - County Court seeking to commit father for contempt - Proceedings being transferred to Family Division - Whether Family Division able to impose an additional sentence for contempt.

The Case

Contempt of Court Civil Contempt. In the course of family proceedings in the County Court, the respondent rather had attacked the mother and the court clerk. That conduct had given rise to both criminal proceedings and committal proceedings. The father had been sentenced by the Crown Court to 20 months' custody. Dealing with the committal proceedings, the Family Division considered the basis upon which the father had been sentenced by the Crown Court and held that it would be wrong as a matter of principle to impose any additional sentence on the father. To do so would be to punish him twice for the same conduct.

Practice Areas

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