Balli, Re Contempt of Court Act 1981 (No. 2) [2011] EWHC 1865 (Ch) (15 July 2011)

Balli, Re Contempt of Court Act 1981 (No. 2) [2011] EWHC 1865 (Ch) (15 July 2011)

The contemnor's application to purge his contempt is granted in part: immediate release is refused, but the original release date is brought forward in recognition of genuine remorse and the impact of imprisonment. The sentence is commuted to 8 weeks, with release after 4 weeks served, as this reflects both the seriousness of the contempt and the contemnor's atonement.

Citation
[2011] EWHC 1865 (Ch)
Parties
Contemnor/applicant: Ravinder Balli (also known as Ravinder Singh); Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
15 July 2011
Procedural Posture
Contempt of Court Application / Application to Purge Contempt Following Committal
Outcome
Application to purge contempt granted in part; sentence commuted and release date brought forward.
Legal Topics
Purging Contempt, Sentencing for Contempt, Release From Imprisonment, Judicial Discretion in Contempt Cases
Contempt of Court Civil Procedure Purging Contempt Sentencing for Contempt Release From Imprisonment Judicial Discretion in Contempt Cases

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Parties

Ravinder Balli (also known as Ravinder Singh)

Contemnor/applicant

Crown

Respondent

Procedural Posture

Contempt of Court Application / Application to Purge Contempt Following Committal

Legal Issues

  1. 1 Whether the contemnor should be released immediately, at a future date, or continue to serve the original sentence after applying to purge his contempt
  2. 2 Whether the original sentence was appropriate in light of the contemnor's application and conduct

Ratio Decidendi

The contemnor's application to purge his contempt is granted in part: immediate release is refused, but the original release date is brought forward in recognition of genuine remorse and the impact of imprisonment. The sentence is commuted to 8 weeks, with release after 4 weeks served, as this reflects both the seriousness of the contempt and the contemnor's atonement.

Court Disposition

Application to purge contempt granted in part; sentence commuted and release date brought forward.

Orders

  • Original sentence of 6 months imprisonment commuted to 8 weeks imprisonment.
  • Applicant to be released unconditionally after serving 4 weeks in prison, with release date set as 29 July 2011.