Her Majesty's Solicitor General v O'Neill

Her Majesty's Solicitor General v O'Neill

A committal order for contempt is mandatory for deliberate breach of the injunction, but in light of mitigating factors including the respondent's poor health, limited dissemination, and guilty plea, the four-month committal is suspended for two years.

Source-derived case information.

Parties
Applicant: Her Majesty’s Solicitor General; Respondent: Michael O’Neill
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Committal for Contempt of Court / Judgment on Application for Committal Order
Outcome
Committal order for contempt granted; four months' imprisonment suspended for two years.
Legal Topics
Contempt of Court, Injunctions, Sentencing, Publication of Protected Information
Criminal Law Civil Procedure Contempt of Court Injunctions Sentencing Publication of Protected Information

Source-derived case record

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Parties

Her Majesty’s Solicitor General

Applicant

Michael O’Neill

Respondent

Procedural Posture

Committal for Contempt of Court / Judgment on Application for Committal Order

Legal Issues

  1. 1 Whether the respondent is in contempt of court for breaching an injunction prohibiting publication of information identifying protected individuals
  2. 2 Appropriate penalty for contempt of court in the circumstances

Ratio Decidendi

A committal order for contempt is mandatory for deliberate breach of the injunction, but in light of mitigating factors including the respondent's poor health, limited dissemination, and guilty plea, the four-month committal is suspended for two years.

Court Disposition

Committal order for contempt granted; four months' imprisonment suspended for two years.

Orders

  • Committal order for four months suspended for two years from the date of judgment
  • No copy of the Facebook post to be released from the court file without court permission