Mark Gary Coates v Janice Elizabeth Turner & Anor

Mark Gary Coates v Janice Elizabeth Turner & Anor

The overall sentence of 252 days was manifestly excessive and not proportionate to the breaches found; the finding of contempt regarding remarks made in court (Allegation 9) was not rationally supportable; an immediate custodial sentence was not wrong in principle, but a sentence of about three months would have been appropriate. The appeal is allowed to the extent that the sentence is reduced to time served, resulting in the appellant's immediate release.

Parties
Appellant/defendant: Mark Gary Coates; Respondent/claimant: Janice Elizabeth Turner; Respondent/claimant: Brian David Aberneithy Greenwood
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Appeal From Committal Order
Outcome
Appeal allowed in part
Legal Topics
Committal for Contempt, Sentencing Guidelines, Protection From Harassment, Boundary Disputes
Civil Procedure Contempt of Court Committal for Contempt Sentencing Guidelines Protection From Harassment Boundary Disputes

Case Brief

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Parties

Mark Gary Coates

Appellant/defendant

Janice Elizabeth Turner

Respondent/claimant

Brian David Aberneithy Greenwood

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Committal Order

Legal Issues

  1. 1 Whether the committal order and sentence for contempt were proper and proportionate
  2. 2 Whether the judge erred in relying on the appellant's witness statements
  3. 3 Whether remarks made in court constituted a breach of the injunction

Ratio Decidendi

The overall sentence of 252 days was manifestly excessive and not proportionate to the breaches found; the finding of contempt regarding remarks made in court (Allegation 9) was not rationally supportable; an immediate custodial sentence was not wrong in principle, but a sentence of about three months would have been appropriate. The appeal is allowed to the extent that the sentence is reduced to time served, resulting in the appellant's immediate release.

Court Disposition

Appeal allowed in part

Orders

  • Findings of contempt upheld except for Allegation 9
  • Sentence reduced to time served (47 days) and appellant to be released immediately