Wood v Collins

Wood v Collins

The sentence of 28 days' imprisonment, suspended, was unduly lenient given the context of repeated breaches, threats, and the need for deterrence. The appropriate sentence was three months' imprisonment, suspended on the same terms as the original order.

Parties
Claimant/appellant: Anita Margaret Wood; Defendant/respondent: Brian Anthony Collins
Jurisdiction
England and Wales
Judgment Date
11 May 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal Against Committal Order
Outcome
appeal allowed in part
Legal Topics
Committal for Contempt, Non Molestation Order, Appeal Procedure, Sentence Leniency
Family Law Civil Procedure Committal for Contempt Non Molestation Order Appeal Procedure Sentence Leniency

Case Brief

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Parties

Anita Margaret Wood

Claimant/appellant

Brian Anthony Collins

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal Against Committal Order

Legal Issues

  1. 1 Whether the sentence 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 given the context of repeated breaches, threats, and the need for deterrence. The appropriate sentence was three months' imprisonment, suspended on the same terms as the original order.

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 the original order