J-C (A Child)

J-C (A Child)

The appeal was dismissed because the judge at first instance correctly applied the criminal standard of proof, was entitled to make findings on the evidence and credibility, and the technical error in the address did not result in unfairness or invalidate the committal order. The findings of breach were supported by evidence and no procedural irregularity or breach of Article 6 rights occurred.

Parties
Appellant: Mr J-C; Respondent: SM (Miss M)
Jurisdiction
England and Wales
Judgment Date
15 August 2007
Procedural Posture
Civil Appeal (committal Proceedings) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Non Molestation Orders, Standard of Proof, Injunctions, Appeal Procedure
Family Law Civil Procedure Committal for Contempt Non Molestation Orders Standard of Proof Injunctions Appeal Procedure

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Parties

Mr J-C

Appellant

SM (Miss M)

Respondent

Procedural Posture

Civil Appeal (committal Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the committal order for breach of a non-molestation injunction was properly made and supported by evidence to the criminal standard of proof
  2. 2 Whether technical errors in the order (address misstatement) invalidated the committal
  3. 3 Whether findings of background violence and fear were permissible and fair in committal proceedings

Ratio Decidendi

The appeal was dismissed because the judge at first instance correctly applied the criminal standard of proof, was entitled to make findings on the evidence and credibility, and the technical error in the address did not result in unfairness or invalidate the committal order. The findings of breach were supported by evidence and no procedural irregularity or breach of Article 6 rights occurred.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The committal order and suspended sentence remain in force.