Greensill & Anor v Greensill

Greensill & Anor v Greensill

The appellant was not given a full opportunity to make submissions on sentence before being committed to prison for breaches of an injunction. While the breaches were established, the failure to allow mitigation warranted reconsideration of sentence. The sentence was reduced to secure the appellant's immediate release.

Parties
Appellant: Wendy Greensill; Respondent: Norma Greensill
Jurisdiction
England and Wales
Judgment Date
06 June 2007
Procedural Posture
Appeal (committal for Contempt) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Committal for Contempt, Breach of Injunction, Right to Legal Representation, Article 6 ECHR, Contact Orders
Family Law Civil Procedure Human Rights Committal for Contempt Breach of Injunction Right to Legal Representation Article 6 ECHR Contact Orders

Case Brief

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Parties

Wendy Greensill

Appellant

Norma Greensill

Respondent

Procedural Posture

Appeal (committal for Contempt) / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was properly committed for contempt for breaches of an injunction
  2. 2 Whether the appellant was afforded the opportunity to make submissions on sentence
  3. 3 Whether the sentence imposed was appropriate in the circumstances

Ratio Decidendi

The appellant was not given a full opportunity to make submissions on sentence before being committed to prison for breaches of an injunction. While the breaches were established, the failure to allow mitigation warranted reconsideration of sentence. The sentence was reduced to secure the appellant's immediate release.

Court Disposition

Appeal allowed

Orders

  • Order for committal to prison discharged
  • Appellant to be released immediately