W v P [2001] EWCA Civ 1886 (3 December 2001)

W v P [2001] EWCA Civ 1886 (3 December 2001)

The judge's decision to suspend the custodial sentence, though lenient, was within the discretionary range available to him and not so unduly lenient as to justify appellate intervention.

Source-derived case information.

Citation
[2001] EWCA Civ 1886
Parties
Appellant: Nuala Teresa Frances W; Respondent: Stephen Brian P
Jurisdiction
England and Wales
Judgment Date
03 December 2001
Procedural Posture
Appeal (family Law Committal Proceedings) / Appeal From Southend County Court Decision on Suspended Committal Order
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Suspended Sentences, Domestic Violence, Child Welfare
Family Law Civil Procedure Committal for Contempt Suspended Sentences Domestic Violence Child Welfare

Source-derived case record

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Parties

Nuala Teresa Frances W

Appellant

Stephen Brian P

Respondent

Procedural Posture

Appeal (family Law Committal Proceedings) / Appeal From Southend County Court Decision on Suspended Committal Order

Legal Issues

  1. 1 Whether the judge erred in suspending a custodial sentence for breaches of protection orders
  2. 2 Whether the sentence was unduly lenient given the gravity and history of breaches

Ratio Decidendi

The judge's decision to suspend the custodial sentence, though lenient, was within the discretionary range available to him and not so unduly lenient as to justify appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • No order for costs save a certificate