Carabott v Huxley [2005] EWCA Civ 1837 (19 August 2005)

Carabott v Huxley [2005] EWCA Civ 1837 (19 August 2005)

The sentence of 18 months' imprisonment for persistent and serious breaches of a non-molestation order was not manifestly excessive, given the history of harassment, threats, and disregard for court orders, and was within the proper range of sentences for such contempts under the Family Law Act 1996.

Parties
Applicant/respondent: Paula Carabott; Respondent/appellant: Shaun Huxley
Jurisdiction
England and Wales
Judgment Date
19 August 2005
Procedural Posture
Appeal (civil) / Appeal Against Sentence for Contempt of Court
Outcome
Appeal dismissed
Legal Topics
Contempt of Court, Non Molestation Orders, Sentencing, Harassment, Injunctions
Family Law Civil Procedure Contempt of Court Non Molestation Orders Sentencing Harassment Injunctions

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Parties

Paula Carabott

Applicant/respondent

Shaun Huxley

Respondent/appellant

Procedural Posture

Appeal (civil) / Appeal Against Sentence for Contempt of Court

Legal Issues

  1. 1 Whether the sentence of 18 months' imprisonment for contempt of court was manifestly excessive
  2. 2 Appropriate sentencing principles for contempt under the Family Law Act 1996

Ratio Decidendi

The sentence of 18 months' imprisonment for persistent and serious breaches of a non-molestation order was not manifestly excessive, given the history of harassment, threats, and disregard for court orders, and was within the proper range of sentences for such contempts under the Family Law Act 1996.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 18 months' imprisonment for contempt of court upheld
  • Detailed assessment of the parties' Community Legal Services Funding certificates