“Before considering any increase in sentence or changing the impact of any sentence adversely to the defendant we have to remind ourselves that this is a power which must be used sparingly. The sort of circumstances in which it could reasonably be used would be to approach the problem as if the case were a reference by the Attorney-General under theCriminal Justice Act 1988 . Plainly this is not a case which comes within that jurisdiction, but a sentence should not be increased under that Act unless the court is satisfied that it is not merely lenient, but ‘unduly’ lenient. And, what is more, if the court reaches that conclusion, when deciding the appropriate level of sentence the court must also reflect the element of what is sometimes described as double jeopardy.”
“It is believed that it may be that criminal proceedings will follow in relation to this same matter. I have to say that that is of no concern to this court which is dealing with the matter of contempt. That is not a matter which can affect this appeal.”
“I agree with the order proposed by Sir Stephen Browne P and would only add by way of emphasis that the order should not inhibit the prosecution of the respondent, which we are told is pending.”
“We have been told today, and in my view it is relevant to this appeal, that the proceedings in the Oxford Magistrates’ Court were under the Protection fromHarassment Act 1997 and related to complaints of harassment of Teresa Mahoney between 8 April and29 December 1999 . Thus, there is some overlap between the subject matter of these proceedings and the subject matter of those magistrates’ court proceedings. The outcome, we are told, was a restraining order prohibiting the appellant from contacting either Miss Mahoney or the applicant.”
“10. In many cases the court will have to bear in mind that there are concurrent proceedings in another court based on either the same facts, or some of the same facts, which are before the court on the contempt proceedings. The court cannot ignore those parallel proceedings. It may have to take into account their outcome in considering what the practical effect is upon the contempt proceedings. They do have different purposes and often the overlap is not exact, but nevertheless the court will not want, in effect, the contemnor to suffer punishment twice for the same events.”
“It must have been a terrifying experience for the applicant to find him unexpectedly in her house. He behaved towards her in a deplorable and aggressive way, including making a threat that he would return that night and she was ‘going to die’.”
“Firstly, on15 May 2003 , or perhaps a little earlier, he sent to the applicant through the postal system a letter containing four Stanley knife razor blades and two newspaper clippings. The first newspaper clipping said: ‘Have you made your will yet? Do it in the comfort of your home.’ The second newspaper cutting concerned a funeral director. The applicant’s name and address were handwritten on the front of the envelope and on the back was inscribed the word ‘Soon’. That was a deeply upsetting and frightening letter for any person to receive, let alone a woman in the nervous state of the applicant in the context of history of this case. Secondly, the respondent sent to the applicant’s boyfriend, in June of this year, a series of text messages of an abusive and threatening nature. Photocopies of the messages sent on 20, 21, 25 and 26 June are annexed to the applicant’s affidavit as Exhibit LL/1. Of those messages, the most serious is in these terms: ‘Tell the slut when she is home she will die with you before the trial. Promise. I warned you.”
“The descriptions of the fear of the respondent’s conduct suffered by the applicant are, in my view, entirely credible and I accept them in their totality.”
“When I came into court, I had every intention of passing a sentence of committal well in excess of the four months you last received by Judge Lynch. But I have reflected on the information provided to me by Ms Pratt as to changes in your life, albeit not necessarily in your attitude to the applicant. In particular, I have considered the fact that now you are living, apparently permanently, in a different area, with the establishment of a life separate from the applicant. There are two further elements which I accept. Firstly, you now have a job near to the place where you live provided for you by Mr Gizzi. Mr Gizzi has demonstrated that he is a loyal and supportive employer, and I think the security of that job and his influence on you might have the effect of moderating any impulse to further abusive conduct of this sort. Secondly, although there is no corroborative evidence, I am prepared to act on the assumption that you have now established a stable relationship with a girlfriend, which might have the same effect. Because of those two factors and because of your willingness to agree to an exclusion from entering either Liverpool or Towyn for the time being, I am prepared to reduce the sentence I would otherwise have passed upon you. But I have no doubt, even in the light of that mitigation, that a significant sentence of imprisonment by way of committal is required, firstly, to deter you from any such further conduct in the future; secondly, to mark the complete disapproval of this court of your conduct, taken in context; and thirdly, to make it clear that orders of this court are to be obeyed. But I will reduce the level of sentence I had intended to pass to the same level as was imposed by Judge Lynch.”
“For a second offence longer sentences of about 15 months on a plea of guilty would, in our view, be an appropriate starting point, and from then on it is possible to see from the maximum of 5 years fixed by the statute for this offence where each case fits into the statutory framework, working from the figure of 15 months, which may be appropriate on a plea of guilty.”