Slade v Slade [2009] EWCA Civ 748 (17 July 2009)

Slade v Slade [2009] EWCA Civ 748 (17 July 2009)

The sentences imposed for contempt were manifestly excessive and failed to properly account for the prior criminal punishment for the same conduct; the appropriate total sentence for all contempts was six months' imprisonment, to be served concurrently.

Citation
[2009] EWCA Civ 748
Parties
Appellant: Melanie Slade; Respondent: Paul Anthony Slade
Jurisdiction
England and Wales
Judgment Date
17 July 2009
Procedural Posture
Appeal (civil) / Appeal Against Committal Order for Contempt of Court
Outcome
Appeal allowed; sentences for contempt reduced.
Legal Topics
Committal for Contempt, Sentencing Principles, Double Jeopardy, Non Molestation Orders, Concurrent Criminal and Civil Proceedings
Family Law Civil Procedure Contempt of Court Committal for Contempt Sentencing Principles Double Jeopardy Non Molestation Orders Concurrent Criminal and Civil Proceedings

Case Brief

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Parties

Melanie Slade

Appellant

Paul Anthony Slade

Respondent

Procedural Posture

Appeal (civil) / Appeal Against Committal Order for Contempt of Court

Legal Issues

  1. 1 Whether the sentences imposed for contempt of court were manifestly excessive and/or duplicative of criminal punishment for the same conduct
  2. 2 Proper approach to sentencing for contempt where criminal proceedings have already occurred for the same or related conduct
  3. 3 Application of proportionality and avoidance of double punishment in contempt sentencing

Ratio Decidendi

The sentences imposed for contempt were manifestly excessive and failed to properly account for the prior criminal punishment for the same conduct; the appropriate total sentence for all contempts was six months' imprisonment, to be served concurrently.

Court Disposition

Appeal allowed; sentences for contempt reduced.

Orders

  • Original committal order of 21 months set aside.
  • Appellant to serve a total of six months' imprisonment for all contempts, sentences to run concurrently.