Cavan v Bunting [2023] NICA 65 (15 September 2023)

Cavan v Bunting [2023] NICA 65 (15 September 2023)

Given the deliberate and public nature of the breach, the trial judge was entitled to impose a punitive fine for civil contempt, and all relevant mitigating factors were considered; the sentence was neither wrong in principle nor in fact.

Citation
[2023] NICA 65
Parties
Appellant/respondent: Matthew Cavan; Respondent/appellant: Jolene Bunting
Jurisdiction
Northern Ireland
Judgment Date
15 September 2023
Procedural Posture
Appeal / Judgment on Appeal Against Sentence for Civil Contempt
Outcome
Appeal dismissed
Legal Topics
Civil Contempt, Sanctions for Contempt, Proportionality of Penalty, Powers of Court in Contempt Proceedings
Civil Procedure Contempt of Court Civil Contempt Sanctions for Contempt Proportionality of Penalty Powers of Court in Contempt Proceedings

Case Brief

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Parties

Matthew Cavan

Appellant/respondent

Jolene Bunting

Respondent/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Sentence for Civil Contempt

Legal Issues

  1. 1 Whether the trial judge erred in law by imposing a punitive fine rather than a remedial sentence for civil contempt
  2. 2 Whether the fine imposed was disproportionate and failed to take into account material factors

Ratio Decidendi

Given the deliberate and public nature of the breach, the trial judge was entitled to impose a punitive fine for civil contempt, and all relevant mitigating factors were considered; the sentence was neither wrong in principle nor in fact.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the fine of £750 for civil contempt is dismissed.