Legge v Legge

Legge v Legge

A custodial term of nine months was manifestly excessive given the facts and history; a five-month term, suspended on the same basis, is sufficient to act as a deterrent and mark the court's disapproval.

Parties
Claimant/appellant: Legge; Defendant/respondent: Legge
Jurisdiction
England and Wales
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed in part
Legal Topics
Non Molestation Order, Committal for Contempt, Sentencing, Suspension of Sentence
Family Law Contempt of Court Non Molestation Order Committal for Contempt Sentencing Suspension of Sentence

Case Brief

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Parties

Legge

Claimant/appellant

Legge

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the nine-month custodial term for contempt was manifestly excessive
  2. 2 Whether the judge failed to consider separately the length of sentence and its suspension

Ratio Decidendi

A custodial term of nine months was manifestly excessive given the facts and history; a five-month term, suspended on the same basis, is sufficient to act as a deterrent and mark the court's disapproval.

Court Disposition

appeal allowed in part

Orders

  • Custodial term reduced from nine months to five months imprisonment, suspended on the same basis as the original order.