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Family Law

The leading authority on all aspects of family law

30 APR 2008

CONTEMPT/INJUNCTIONS/SENTENCING: Kerai v Patel [2008]

(Court of Appeal; Thorpe and Moore-Bick LJJ and Charles J; 30 April 2008)

A judge sentencing someone for breach of a non-molestation order should take any time spent in custody on remand into account, having regard to the fact that time spent on remand should count towards sentence. In this case, the judge, who had activated a suspended sentence of 3 months' imprisonment and imposed a fresh sentence of 12 months' imprisonment for breach of the non-molestation order, giving a total sentence of 15 months, should have taken into account the 3 months spent on remand by deducting 6 months from the sentence of 12 months, giving a total sentence of 9 months.

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