Coates v Turner & Anor [2023] EWCA Civ 1487 (12 December 2023)

The overall sentence of 252 days was manifestly excessive for the breaches proved; the finding of contempt regarding remarks made in court (Allegation 9) was not rationally supportable; a sentence of approximately three months was proportionate, and Mr Coates's immediate release was ordered.

Citation: [2023] EWCA Civ 1487
Parties: Appellant/defendant: Mark Gary Coates; Respondent/claimant: Janice Elizabeth Turner; Respondent/claimant: Brian David Aberneithy Greenwood
Jurisdiction: England and Wales
Judgment Date: 12 December 2023
Procedural Posture: Civil Appeal / Appeal From Committal Order
Outcome: Appeal allowed in part; sentence reduced; immediate release ordered.
Legal Topics: Committal for Contempt, Sentencing Guidelines, Boundary Disputes, Protection From Harassment Act 1997

Civil Procedure Contempt of Court Property Law Committal for Contempt Sentencing Guidelines Boundary Disputes Protection From Harassment Act 1997

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 Whether the committal sentence was manifestly excessive
2 Whether the judge erred in treating statements as evidence
3 Whether remarks made in court constituted breach of injunction

Ratio Decidendi

Court Disposition

Appeal allowed in part; sentence reduced; immediate release ordered.

Orders

Contempt findings upheld except Allegation 9
Committal sentence reduced to time served (47 days)