Hayward v Crocker [2001] JRC 27 (31 January 2001)

Hayward v Crocker [2001] JRC 27 (31 January 2001)

Repeated breaches of a court injunction, even with mitigating circumstances, require a custodial sentence to uphold the authority of the court, but leniency may be shown in light of full admission, remorse, and personal circumstances.

Citation
[2001] JRC 27
Parties
Plaintiff: Plaintiff; Defendant: Crocker
Jurisdiction
Jersey
Judgment Date
31 January 2001
Procedural Posture
Contempt of Court / Breach of Injunction / Sentencing
Outcome
Defendant sentenced to imprisonment until Friday, 2nd February, with release timed to allow return to employment.
Legal Topics
Injunctions, Contempt of Court, Sentencing, Domestic Relationships
Civil Procedure Family Law Injunctions Contempt of Court Sentencing Domestic Relationships

Case Brief

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Parties

Plaintiff

Plaintiff

Crocker

Defendant

Procedural Posture

Contempt of Court / Breach of Injunction / Sentencing

Legal Issues

  1. 1 Whether the Defendant breached the injunction restraining him from approaching the Plaintiff's residence
  2. 2 Appropriate sentence for repeated breaches of a court order

Ratio Decidendi

Repeated breaches of a court injunction, even with mitigating circumstances, require a custodial sentence to uphold the authority of the court, but leniency may be shown in light of full admission, remorse, and personal circumstances.

Court Disposition

Defendant sentenced to imprisonment until Friday, 2nd February, with release timed to allow return to employment.

Orders

  • Defendant to be released on the morning of Friday, 2nd February.
  • Warning issued that further breaches will result in longer imprisonment.