Lukjanenko v Medway Council

Lukjanenko v Medway Council

The appellant's admitted publications on Facebook constituted breaches of the RRO and POHA orders. The public domain exception did not apply to the child's name after variation of the order. The committal proceedings were fair, the findings of breach were justified, and the sentence of 8 months' imprisonment was proportionate given the repeated and flagrant breaches, including activation of suspended sentences.

Parties
Appellant: Eugene Lukjanenko; Respondent: Medway Council
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Civil Appeal (committal Proceedings) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Reporting Restrictions, Protection From Harassment, Committal for Contempt, Suspended Sentences, Freedom of Expression
Family Law Civil Contempt Injunctions Reporting Restrictions Protection From Harassment Committal for Contempt Suspended Sentences Freedom of Expression

Case Brief

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Parties

Eugene Lukjanenko

Appellant

Medway Council

Respondent

Procedural Posture

Civil Appeal (committal Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant breached the Reporting Restriction Order (RRO) and Protection from Harassment Act (POHA) injunctions
  2. 2 Whether the committal proceedings were fair and legally justified
  3. 3 Whether the sentence imposed was proportionate and lawful

Ratio Decidendi

The appellant's admitted publications on Facebook constituted breaches of the RRO and POHA orders. The public domain exception did not apply to the child's name after variation of the order. The committal proceedings were fair, the findings of breach were justified, and the sentence of 8 months' imprisonment was proportionate given the repeated and flagrant breaches, including activation of suspended sentences.

Court Disposition

Appeal dismissed

Orders

  • Recorder's order upheld
  • Clause 15(g) of the RRO varied to exclude the child's name from the public domain exception