AAA & Anor v CCC [2022] EWHC 2268 (Ch) (01 June 2022)

AAA & Anor v CCC [2022] EWHC 2268 (Ch) (01 June 2022)

Given the seriousness and aggravating features of 28 deliberate breaches of a court order, a custodial sentence towards the upper end of the statutory maximum is required. Mitigation for prior good character, health, and limited genuine remorse justifies a reduction, but the sentence must reflect both punishment and deterrence. Part of the sentence may be suspended to incentivize future compliance, but the majority must be served immediately.

Citation
[2022] EWHC 2268 (Ch)
Parties
Claimant: AAA; Claimant: BBB; Defendant: CCC
Jurisdiction
England and Wales
Judgment Date
01 June 2022
Procedural Posture
Contempt of Court (committal Proceedings) / Resentencing After Successful Appeal by Claimants; Remitted From Court of Appeal
Outcome
Defendant sentenced to 15 months' imprisonment for contempt of court; 10 months to be served immediately, 5 months suspended on condition of compliance with the Substantive Order.
Legal Topics
Committal for Contempt, Sentencing for Contempt, Suspension of Custodial Sentences, Mitigation and Aggravation in Contempt, Freedom of Expression and Proportionality
Civil Procedure Contempt of Court Committal for Contempt Sentencing for Contempt Suspension of Custodial Sentences Mitigation and Aggravation in Contempt Freedom of Expression and Proportionality

Case Brief

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Parties

AAA

Claimant

BBB

Claimant

CCC

Defendant

Procedural Posture

Contempt of Court (committal Proceedings) / Resentencing After Successful Appeal by Claimants; Remitted From Court of Appeal

Legal Issues

  1. 1 What is the appropriate sentence for 28 breaches of a court order amounting to contempt of court?
  2. 2 Should the sentence be wholly or partly suspended?
  3. 3 What weight should be given to mitigation, including remorse, health, and prior good character?

Ratio Decidendi

Given the seriousness and aggravating features of 28 deliberate breaches of a court order, a custodial sentence towards the upper end of the statutory maximum is required. Mitigation for prior good character, health, and limited genuine remorse justifies a reduction, but the sentence must reflect both punishment and deterrence. Part of the sentence may be suspended to incentivize future compliance, but the majority must be served immediately.

Court Disposition

Defendant sentenced to 15 months' imprisonment for contempt of court; 10 months to be served immediately, 5 months suspended on condition of compliance with the Substantive Order.

Orders

  • Defendant committed to prison for 15 months for contempt of court.
  • 10 months to be served immediately; 5 months suspended subject to compliance with paragraph 3 of the Substantive Order and its confidential schedule.