Le Verdier v Feldman [2002] JRC 28 (29 January 2002)

The defendant's breaches were not caused by her mental illness, she understood the injunction, and repeated breaches require custodial sentences to protect the plaintiff and uphold court orders.

Citation: [2002] JRC 28
Parties: Defendant: Miss Feldman; Plaintiff: Plaintiff
Jurisdiction: Jersey
Judgment Date: 29 January 2002
Procedural Posture: Breach of Injunction Proceedings / Sentencing
Outcome: defendant sentenced to three weeks' imprisonment
Legal Topics: Non Molestation Injunction, Contempt of Court, Sentencing for Breach of Injunction

Family Law Civil Procedure Non Molestation Injunction Contempt of Court Sentencing for Breach of Injunction

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Feldman

Defendant

Plaintiff

Procedural Posture

Breach of Injunction Proceedings / Sentencing

Legal Issues

1 Whether the defendant's breach of a non-molestation injunction warrants imprisonment
2 Whether the defendant's mental illness excuses the breach

Ratio Decidendi

The defendant's breaches were not caused by her mental illness, she understood the injunction, and repeated breaches require custodial sentences to protect the plaintiff and uphold court orders.

Court Disposition

defendant sentenced to three weeks' imprisonment

Orders

three weeks' imprisonment for breach of injunction
power of arrest extended for six months