AAA & Anor v CCC

Given the seriousness of 28 deliberate breaches of a substantive order, aggravating factors, and limited mitigation, a custodial sentence of 15 months is appropriate, with 10 months immediate imprisonment and 5 months suspended to balance punishment and future compliance.

Parties: Claimant: AAA; Claimant: BBB; Defendant: CCC
Jurisdiction: England and Wales
Judgment Date: 01 June 2022
Procedural Posture: Contempt of Court Application / Sentencing After Remittal From Court of Appeal
Outcome: Defendant sentenced to 15 months imprisonment for contempt of court; 10 months immediate custody, 5 months suspended on condition of compliance with the substantive order.
Legal Topics: Committal Proceedings, Suspension of Custodial Sentence, Mitigation and Aggravation, Reporting Restrictions, Anonymity Orders

Civil Procedure Contempt of Court Committal Proceedings Suspension of Custodial Sentence Mitigation and Aggravation Reporting Restrictions Anonymity Orders

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Parties

AAA

Claimant

BBB

Claimant

CCC

Defendant

Procedural Posture

Contempt of Court Application / Sentencing After Remittal From Court of Appeal

Legal Issues

1 Appropriate penalty for contempt of court
2 Suspension of custodial sentence
3 Mitigating and aggravating factors

Ratio Decidendi

Court Disposition

Defendant sentenced to 15 months imprisonment for contempt of court; 10 months immediate custody, 5 months suspended on condition of compliance with the substantive order.

Orders

Defendant to serve 10 months imprisonment immediately.
5 months of sentence suspended on condition of compliance with paragraph 3 of the substantive order and confidential schedule.