Aquilina v Acquilina [2004] EWCA Civ 504 (24 March 2004)

Aquilina v Acquilina [2004] EWCA Civ 504 (24 March 2004)

The sentence of six months' imprisonment was manifestly excessive for a minor breach of a non-molestation injunction where the breach involved only driving past the home at night without violence or confrontation. The primary purpose of committal for contempt in family proceedings is to secure future compliance, not to punish. A sentence of three months was sufficient and appropriate in the circumstances.

Citation
[2004] EWCA Civ 504
Parties
Respondent/appellant: Claire Aquilina; Appellant/respondent: George Acquilina
Jurisdiction
England and Wales
Judgment Date
24 March 2004
Procedural Posture
Appeal / Appeal Against Sentence for Contempt of Court
Outcome
Appeal allowed; sentence reduced
Legal Topics
Non Molestation Injunction, Committal for Contempt, Sentencing for Breach of Injunction
Family Law Civil Contempt Non Molestation Injunction Committal for Contempt Sentencing for Breach of Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Claire Aquilina

Respondent/appellant

George Acquilina

Appellant/respondent

Procedural Posture

Appeal / Appeal Against Sentence for Contempt of Court

Legal Issues

  1. 1 Whether the sentence of six months' imprisonment for breach of a non-molestation injunction was manifestly excessive
  2. 2 Proper approach to sentencing for contempt in family proceedings

Ratio Decidendi

The sentence of six months' imprisonment was manifestly excessive for a minor breach of a non-molestation injunction where the breach involved only driving past the home at night without violence or confrontation. The primary purpose of committal for contempt in family proceedings is to secure future compliance, not to punish. A sentence of three months was sufficient and appropriate in the circumstances.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Sentence of six months' imprisonment quashed
  • Sentence of three months' imprisonment substituted