Jabbal v Jabbal (Sentence) [2015] EWFC B10 (12 January 2015)

Jabbal v Jabbal (Sentence) [2015] EWFC B10 (12 January 2015)

Given the respondent's repeated and admitted breaches of the occupation order, including breaking a window and returning to the property, only a custodial sentence is justified to secure compliance and mark the court's disapproval.

Citation
[2015] EWFC B10
Parties
Applicant: Jabbal; Respondent: Jabbal
Jurisdiction
England and Wales
Judgment Date
12 January 2015
Procedural Posture
Family Law Committal for Contempt / Sentencing
Outcome
Custodial sentence imposed for contempt of court; sentences to run concurrently.
Legal Topics
Occupation Orders, Non Molestation Orders, Breach of Court Orders, Sentencing for Contempt
Family Law Contempt of Court Occupation Orders Non Molestation Orders Breach of Court Orders Sentencing for Contempt

Case Brief

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Parties

Jabbal

Applicant

Jabbal

Respondent

Procedural Posture

Family Law Committal for Contempt / Sentencing

Legal Issues

  1. 1 Whether the respondent breached the terms of an occupation order and suspended sentence
  2. 2 Appropriate sentence for repeated breaches of court orders

Ratio Decidendi

Given the respondent's repeated and admitted breaches of the occupation order, including breaking a window and returning to the property, only a custodial sentence is justified to secure compliance and mark the court's disapproval.

Court Disposition

Custodial sentence imposed for contempt of court; sentences to run concurrently.

Orders

  • 28-day suspended sentence imposed on 14 August 2014 to take immediate effect.
  • 13 weeks' imprisonment for breach on 7 December 2014.