HM Attorney-General v Smith

Deliberate impersonation and false swearing in court documents and proceedings constitute contempt of court; mitigating circumstances and delay justify a reduced custodial sentence.

Parties: Claimant: Her Majesty's Attorney-General; Defendant: Michael Smith
Jurisdiction: England and Wales
Judgment Date: 16 January 2008
Procedural Posture: Application for Committal for Contempt / Judgment
Outcome: Michael Smith committed to prison for three months for contempt of court.
Legal Topics: Contempt of Court, Perjury, Misrepresentation, Court Procedure

Criminal Law Civil Procedure Contempt of Court Perjury Misrepresentation Court Procedure

Case Brief

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Parties

Her Majesty's Attorney-General

Claimant

Michael Smith

Defendant

Procedural Posture

Application for Committal for Contempt / Judgment

Legal Issues

1 Whether Michael Smith was guilty of contempt of court by impersonating Mr Brazier in court documents and proceedings
2 Appropriate penalty for contempt involving impersonation and perjury

Ratio Decidendi

Deliberate impersonation and false swearing in court documents and proceedings constitute contempt of court; mitigating circumstances and delay justify a reduced custodial sentence.

Court Disposition

Michael Smith committed to prison for three months for contempt of court.

Orders

Respondent committed to prison for three months.
Attorney-General awarded costs to be taxed if not agreed, not to be enforced without leave of the court.