McKnight v Northern [2001] EWCA Civ 2028 (17 December 2001)

McKnight v Northern [2001] EWCA Civ 2028 (17 December 2001)

The judge erred by not inviting mitigation before sentencing, but no substantive mitigation existed. However, the sentence must be reduced by 14 days to account for time spent on remand, as this would not otherwise be credited.

Citation
[2001] EWCA Civ 2028
Parties
Applicant/respondent: Christine McKnight; Respondent/appellant: Jason Gavin Northern
Jurisdiction
England and Wales
Judgment Date
17 December 2001
Procedural Posture
Appeal (family Law Committal for Contempt) / Appeal Judgment
Outcome
Appeal allowed in part; sentence reduced by 14 days.
Legal Topics
Non Molestation Order, Committal for Contempt, Sentencing Procedure, Mitigation, Remand Time Credit
Family Law Contempt of Court Non Molestation Order Committal for Contempt Sentencing Procedure Mitigation Remand Time Credit

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Parties

Christine McKnight

Applicant/respondent

Jason Gavin Northern

Respondent/appellant

Procedural Posture

Appeal (family Law Committal for Contempt) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred by proceeding to sentence without inviting mitigation submissions
  2. 2 Whether the sentence for contempt should be reduced to account for time spent on remand

Ratio Decidendi

The judge erred by not inviting mitigation before sentencing, but no substantive mitigation existed. However, the sentence must be reduced by 14 days to account for time spent on remand, as this would not otherwise be credited.

Court Disposition

Appeal allowed in part; sentence reduced by 14 days.

Orders

  • Term of imprisonment reduced from four months by 14 days.
  • Public funded costs assessment for both parties.