Hammerton v Hammerton

Hammerton v Hammerton

Given the highly unusual and mitigating circumstances, including the appellant's acute sense of grievance due to prior judicial errors, the sentence of two months was excessive; a sentence of 28 days' immediate imprisonment was appropriate to mark the court’s disapproval while reflecting the circumstances.

Parties
Appellant: William Hammerton; Respondent: William Hammerton
Jurisdiction
England and Wales
Judgment Date
12 April 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Contempt of Court
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing for Contempt, Procedural Fairness, Article 6 ECHR, Litigants in Person
Contempt of Court Family Law Civil Procedure Sentencing for Contempt Procedural Fairness Article 6 ECHR Litigants in Person

Case Brief

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Parties

William Hammerton

Appellant

William Hammerton

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Contempt of Court

Legal Issues

  1. 1 Whether the sentence of two months’ imprisonment for contempt of court was excessive given the mitigating circumstances
  2. 2 Whether procedural errors in previous proceedings affected the appellant's conduct and sentencing

Ratio Decidendi

Given the highly unusual and mitigating circumstances, including the appellant's acute sense of grievance due to prior judicial errors, the sentence of two months was excessive; a sentence of 28 days' immediate imprisonment was appropriate to mark the court’s disapproval while reflecting the circumstances.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of two months’ imprisonment quashed
  • Substituted sentence of 28 days’ immediate imprisonment