K v P [2008] EWCA Civ 600 (30 April 2008)

K v P [2008] EWCA Civ 600 (30 April 2008)

The sentencing judge erred in law by failing to deduct the period spent on remand from the sentence imposed for contempt; the correct approach is to reduce the sentence to reflect remand time, even though statutory provisions do not automatically apply to contemnors.

Citation
[2008] EWCA Civ 600
Parties
Appellant: K; Respondent: P
Jurisdiction
England and Wales
Judgment Date
30 April 2008
Procedural Posture
Family Law Appeal / Appeal From Sentence for Contempt
Outcome
appeal allowed
Legal Topics
Non Molestation Orders, Remand Credit, Sentencing for Contempt
Family Law Contempt of Court Non Molestation Orders Remand Credit Sentencing for Contempt

Case Brief

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Parties

K

Appellant

P

Respondent

Procedural Posture

Family Law Appeal / Appeal From Sentence for Contempt

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to take into account time spent on remand when imposing sentence for contempt for breach of a non-molestation order

Ratio Decidendi

The sentencing judge erred in law by failing to deduct the period spent on remand from the sentence imposed for contempt; the correct approach is to reduce the sentence to reflect remand time, even though statutory provisions do not automatically apply to contemnors.

Court Disposition

appeal allowed

Orders

  • Sentence for breach of non-molestation order reduced to six months; suspended sentence of three months activated; total sentence nine months.
  • Appellant to serve four and a half months unless contempt is purged.