McCann & Anor v Bennett (Sentencing Remarks) [2013] EWHC 332 (QB) (21 February 2013)

McCann & Anor v Bennett (Sentencing Remarks) [2013] EWHC 332 (QB) (21 February 2013)

Deliberate and repeated breach of undertakings by defendant warrants custodial sentence, suspended for one year conditional on compliance.

Citation
[2013] EWHC 332 (QB)
Parties
Claimant: Gerry McCann; Claimant: Kate McCann; Defendant: Tony Bennett
Jurisdiction
England and Wales
Judgment Date
21 February 2013
Procedural Posture
Committal Application / Sentencing Remarks
Outcome
custodial sentence of three months, suspended for one year
Legal Topics
Breach of Undertakings, Penalty for Contempt, Costs Assessment
Contempt of Court Civil Procedure Breach of Undertakings Penalty for Contempt Costs Assessment

Case Brief

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Parties

Gerry McCann

Claimant

Kate McCann

Claimant

Tony Bennett

Defendant

Procedural Posture

Committal Application / Sentencing Remarks

Legal Issues

  1. 1 whether the defendant breached undertakings given to the court
  2. 2 appropriate penalty for contempt of court

Ratio Decidendi

Deliberate and repeated breach of undertakings by defendant warrants custodial sentence, suspended for one year conditional on compliance.

Court Disposition

custodial sentence of three months, suspended for one year

Orders

  • Defendant to comply with undertakings for one year or face imprisonment.
  • Defendant to pay costs of proceedings, subject to detailed assessment if not agreed.