Wood v Collins [2006] EWCA Civ 743 (11 May 2006)

Wood v Collins [2006] EWCA Civ 743 (11 May 2006)

The sentence of 28 days' imprisonment, suspended, was unduly lenient in light of the repeated breaches and the context of ongoing harassment. The appropriate sentence was three months' imprisonment, suspended on the same terms as imposed by the judge below.

Citation
[2006] EWCA Civ 743
Parties
Claimant/appellant: Anita Margaret Wood; Defendant/respondent: Brian Anthony Collins
Jurisdiction
England and Wales
Judgment Date
11 May 2006
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Colchester County Court
Outcome
Appeal allowed in part
Legal Topics
Non Molestation Orders, Occupation Orders, Committal for Contempt, Appeal Procedure, Sentencing for Contempt
Family Law Civil Procedure Contempt of Court Non Molestation Orders Occupation Orders Committal for Contempt Appeal Procedure Sentencing for Contempt

Case Brief

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Parties

Anita Margaret Wood

Claimant/appellant

Brian Anthony Collins

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Colchester County Court

Legal Issues

  1. 1 Whether the sentence imposed for breach of a non-molestation and occupation order was unduly lenient
  2. 2 Whether the applicant required permission to appeal the committal order

Ratio Decidendi

The sentence of 28 days' imprisonment, suspended, was unduly lenient in light of the repeated breaches and the context of ongoing harassment. The appropriate sentence was three months' imprisonment, suspended on the same terms as imposed by the judge below.

Court Disposition

Appeal allowed in part

Orders

  • Sentence of 28 days' imprisonment quashed and substituted with three months' imprisonment, suspended on the same terms as previously imposed.