Cullinane, R. v [2007] EWCA Crim 2682 (04 October 2007)

Cullinane, R. v [2007] EWCA Crim 2682 (04 October 2007)

The sentence imposed was excessive given the absence of evidence that the appellant intended to prejudice justice or breach reporting restrictions; the period of detention already suffered was sufficient punishment for the contempt.

Citation
[2007] EWCA Crim 2682
Parties
Prosecution: Regina; Appellant: Patrick Cullinane
Jurisdiction
England and Wales
Judgment Date
04 October 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence for Contempt of Court
Outcome
sentence reduced
Legal Topics
Unauthorised Recording in Court, Sentencing for Contempt, Statutory Prohibition of Recording, Publication of Court Recordings
Criminal Law Contempt of Court Unauthorised Recording in Court Sentencing for Contempt Statutory Prohibition of Recording Publication of Court Recordings

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Parties

Regina

Prosecution

Patrick Cullinane

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence for Contempt of Court

Legal Issues

  1. 1 Was the sentence for contempt of court excessive?
  2. 2 Did the appellant's actions prejudice the administration of justice?
  3. 3 Was publication of the recording likely or intended?

Ratio Decidendi

The sentence imposed was excessive given the absence of evidence that the appellant intended to prejudice justice or breach reporting restrictions; the period of detention already suffered was sufficient punishment for the contempt.

Court Disposition

sentence reduced

Orders

  • term of imprisonment reduced to 26 days to secure immediate release