Loughran v Pandya [2005] EWCA Civ 1720 (07 December 2005)

Loughran v Pandya [2005] EWCA Civ 1720 (07 December 2005)

The original sentence of 2 years' imprisonment suspended for 2 years was manifestly excessive given the nature and gravity of the breaches. An appropriate sentence is 8 months' imprisonment suspended for 2 years, with the non-molestation order to run until further order.

Citation
[2005] EWCA Civ 1720
Parties
Applicant/respondent: Helena Loughran; Respondent/appellant: Mehas Pandya
Jurisdiction
England and Wales
Judgment Date
07 December 2005
Procedural Posture
Appeal / Judgment on Appeal Against Sentence for Contempt of Court
Outcome
Appeal allowed in part; sentence reduced to 8 months' imprisonment suspended for 2 years; non-molestation order to run until further order.
Legal Topics
Contempt of Court, Non Molestation Orders, Sentencing, Harassment
Family Law Civil Procedure Contempt of Court Non Molestation Orders Sentencing Harassment

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Parties

Helena Loughran

Applicant/respondent

Mehas Pandya

Respondent/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Sentence for Contempt of Court

Legal Issues

  1. 1 Whether the sentence of 2 years' imprisonment suspended for 2 years for contempt of court was manifestly excessive
  2. 2 Appropriate length and nature of sentence for breaches of non-molestation orders

Ratio Decidendi

The original sentence of 2 years' imprisonment suspended for 2 years was manifestly excessive given the nature and gravity of the breaches. An appropriate sentence is 8 months' imprisonment suspended for 2 years, with the non-molestation order to run until further order.

Court Disposition

Appeal allowed in part; sentence reduced to 8 months' imprisonment suspended for 2 years; non-molestation order to run until further order.

Orders

  • Sentence reduced to 8 months' imprisonment suspended for 2 years
  • Non-molestation order to run until further order