Pluck v Pluck

Pluck v Pluck

The sentence of nine months’ imprisonment was excessive because the judge lacked critical information about the appellant's vulnerabilities and the fact that the protected party no longer resided at the prohibited address, rendering the order unsustainable.

Parties
Appellant: Aaron Pluck; Respondent: Pluck
Jurisdiction
England and Wales
Judgment Date
24 October 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Breach of Injunction, Committal Proceedings, Family Law Act 1996, Sentencing
Family Law Civil Procedure Breach of Injunction Committal Proceedings Family Law Act 1996 Sentencing

Case Brief

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Parties

Aaron Pluck

Appellant

Pluck

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the sentence of nine months’ imprisonment for breach of Family Law Act orders was excessive given the appellant's vulnerabilities and changed circumstances
  2. 2 Whether the committal order should stand in light of new information about the protected party's residence

Ratio Decidendi

The sentence of nine months’ imprisonment was excessive because the judge lacked critical information about the appellant's vulnerabilities and the fact that the protected party no longer resided at the prohibited address, rendering the order unsustainable.

Court Disposition

appeal allowed

Orders

  • sentence substituted to allow immediate release from custody