Source: All England Reporter
Publisher Citation: [2006] All ER (D) 380 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Wall and Lloyd LJJ

Representation Martin Scott (instructed by Williams & Co) for the claimant.
  Catherine Ellis (instructed by Rawal & Co) for the defendant.
Judgment Dates: 31 October 2006

Catchwords

Contempt of court - Breach of court order - Non-molestation order - Committal - Judge imposing immediate custodial sentence for ten breaches - Whether judge erring in refusing to impose suspended sentence - Whether sentence manifestly excessive.

The Case

The judge had been entitled to impose an immediate custodial sentence on a defendant who had breached a non-molestation order ten times, where the defendant had, inter alia, made threats to the claimant, both to her face and in a note; had slashed the tyres of her mother's car; and had shouted encouragement to his current wife as she fought the claimant. The total sentence of 12 months' imprisonment was, however, too long, in all the circumstances. It would be reduced to one of eight months' imprisonment.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.