Head v Orrow [2004] EWCA Civ 1691 (16 December 2004)

Head v Orrow [2004] EWCA Civ 1691 (16 December 2004)

The original sentence of 12 months' imprisonment was excessive for a first offence, even considering the seriousness of the breaches. A sentence of 9 months' immediate custody was appropriate, reflecting the need for deterrence and the seriousness of the conduct, but proportionate to comparable cases and statutory...

Source-derived case information.

Citation
[2004] EWCA Civ 1691
Parties
Appellant: Damon Head; Respondent: Carol Orrow
Jurisdiction
England and Wales
Judgment Date
16 December 2004
Procedural Posture
Appeal (civil, Family) / Appeal Against Sentence for Contempt of Court
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Non Molestation Order, Breach of Injunction, Sentencing for Contempt, Domestic Violence, Children Act Proceedings
Family Law Contempt of Court Domestic Violence Non Molestation Order Breach of Injunction Sentencing for Contempt Children Act Proceedings

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Summary, issues, holding and outcome

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Parties

Damon Head

Appellant

Carol Orrow

Respondent

Procedural Posture

Appeal (civil, Family) / Appeal Against Sentence for Contempt of Court

Legal Issues

  1. 1 Whether the sentence of 12 months' imprisonment for contempt (breach of non-molestation order) was manifestly excessive
  2. 2 Appropriate sentencing principles for breach of non-molestation orders under section 42 of the Family Law Act 1996

Ratio Decidendi

The original sentence of 12 months' imprisonment was excessive for a first offence, even considering the seriousness of the breaches. A sentence of 9 months' immediate custody was appropriate, reflecting the need for deterrence and the seriousness of the conduct, but proportionate to comparable cases and statutory limits.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentence for breach on 21 June 2004 reduced from 12 months to 9 months' immediate imprisonment
  • Concurrent 6 month sentence for fourth breach left unchanged