McCann & Anor v Bennett (Sentencing Remarks)

McCann & Anor v Bennett (Sentencing Remarks)

The defendant intentionally and seriously breached court undertakings, causing harm to the claimants, and only a custodial sentence, suspended for one year, would reflect the seriousness and ensure compliance.

Parties
Claimant: Gerry McCann; Claimant: Kate McCann; Defendant: Tony Bennett
Jurisdiction
England and Wales
Judgment Date
21 February 2013
Procedural Posture
Committal Application for Contempt of Court / Sentencing
Outcome
custodial sentence of three months suspended for one year, costs to claimants
Legal Topics
Breach of Undertaking, Committal Proceedings, Sentencing for Contempt
Civil Procedure Contempt of Court Breach of Undertaking Committal Proceedings Sentencing for Contempt

Case Brief

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Parties

Gerry McCann

Claimant

Kate McCann

Claimant

Tony Bennett

Defendant

Procedural Posture

Committal Application for Contempt of Court / Sentencing

Legal Issues

  1. 1 Whether the defendant breached undertakings given to the court
  2. 2 What penalty is appropriate for the breaches

Ratio Decidendi

The defendant intentionally and seriously breached court undertakings, causing harm to the claimants, and only a custodial sentence, suspended for one year, would reflect the seriousness and ensure compliance.

Court Disposition

custodial sentence of three months suspended for one year, costs to claimants

Orders

  • Three months custody suspended for one year on condition of compliance with undertakings
  • Defendant to pay claimants' costs, subject to detailed assessment if not agreed