Hale v Tanner [2000] EWCA Civ 5570 (20 July 2000)

Hale v Tanner [2000] EWCA Civ 5570 (20 July 2000)

The six-month suspended committal was manifestly excessive given the nature of the breach, mitigating circumstances, and established practice; sentence reduced to 28 days, suspension linked to compliance with the underlying order until 21st January 2001.

Citation
[2000] EWCA Civ 5570
Parties
Appellant: Rachel Tanner; Applicant: Jamie Hale; Third Party: Teresa Mahoney
Jurisdiction
England and Wales
Judgment Date
20 July 2000
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Non Molestation Order, Sentencing for Contempt, Power of Arrest, Harassment
Family Law Contempt of Court Non Molestation Order Sentencing for Contempt Power of Arrest Harassment

Case Brief

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Parties

Rachel Tanner

Appellant

Jamie Hale

Applicant

Teresa Mahoney

Third Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the six-month suspended committal excessive for breach of a non-molestation order?
  2. 2 What principles govern sentencing for contempt in family law cases?

Ratio Decidendi

The six-month suspended committal was manifestly excessive given the nature of the breach, mitigating circumstances, and established practice; sentence reduced to 28 days, suspension linked to compliance with the underlying order until 21st January 2001.

Court Disposition

appeal allowed

Orders

  • Sentence reduced to 28 days imprisonment, suspended until 21st January 2001, contingent on compliance with underlying order.
  • Legal aid assessment in relation to costs.