M appealed from findings that he had been in contempt of court for three breaches of non-molestation injunctions.
Held: In this area, as in other areas, imprisonment needs to be reserved for those cases where imprisonment is necessary. It must be appreciated that there are other ways of dealing with problems of the sort that occur in the breakdown of a family relationship where imprisonment will not provide a long-term solution.
The Lord Woolf of Barnes LCJ
[2005] EWCA Civ 935
Bailii
Constitutional Reform Act 2005
England and Wales
Citing:
Cited – Head v Orrow CA 16-Dec-2004
A court asked to sentence for contempt of court is not sentencing for the criminal equivalent of what the contemnor has done, and ‘Great care must be taken, if there are concurrent criminal or civil proceedings, to ensure that sentences in two or . .
Cited – Lomas v Parle CA 18-Dec-2003
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
Cited – Regina v Liddle and Hayes CACD 24-May-1999
When sentencing for harassment, the court must look to previous failures to obey court orders, the defendant’s mental health, and his readiness to undergo treatment, as well as the seriousness of the conduct constituting the harassment. ‘For a . .
Cited – Lomas v Parle CA 18-Dec-2003
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
Approved – Hale v Tanner CA 20-Jul-2000
Hale LJ identified the general considerations that should be applied when sentencing for contempt. She also identified the purpose of sentencing. She identified the special considerations that are relevant in the context of family cases: ‘Family . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court, Criminal Sentencing
Updated: 12 November 2021; Ref: scu.408808
