C (Children)

C (Children)

The original sentence of six months was manifestly excessive as insufficient weight was given to the mother's admission, emotional state, and contrition. A total sentence of three months' imprisonment was appropriate, with sentences to run concurrently.

Parties
Appellant: Mother; First Respondent: Worcester County Council; Second and Third Respondents: Children (acting through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
14 July 2011
Procedural Posture
Appeal / Judgment on Appeal Against Committal Order
Outcome
Appeal allowed
Legal Topics
Committal for Contempt, Breach of Injunction, Care Orders, Sentencing
Family Law Civil Procedure Committal for Contempt Breach of Injunction Care Orders Sentencing

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Parties

Mother

Appellant

Worcester County Council

First Respondent

Children (acting through their Children’s Guardian)

Second and Third Respondents

Procedural Posture

Appeal / Judgment on Appeal Against Committal Order

Legal Issues

  1. 1 Whether the sentence of six months' imprisonment for breach of injunction was manifestly excessive
  2. 2 Whether sufficient weight was given to mitigating factors such as admission of guilt, emotional state, and contrition

Ratio Decidendi

The original sentence of six months was manifestly excessive as insufficient weight was given to the mother's admission, emotional state, and contrition. A total sentence of three months' imprisonment was appropriate, with sentences to run concurrently.

Court Disposition

Appeal allowed

Orders

  • Original sentence of six months' imprisonment set aside
  • Substituted sentence of three months' imprisonment to be served concurrently