Contempt
Cuciurean v Secretary of State for Transport and another [2022] EWCA Civ 1519, [2022] All ER (D) 60 (Nov)
The King’s Bench Division dismissed the appellant’s appeal against his previous order as of right. This was in regard to the judge sentencing the appellant to 268 days’ immediate custody for contempt of court. He also fined him £3,000. The appellant was committed for contempt of court for 12 breaches of an injunction protecting HS2 land. The court held, among other things that it was not appropriate to fine the appellant on the particular facts of that case. He had no assets and was the subject of a term of immediate custody. The fine was therefore quashed. As to the methodology by which the judge calculated the overall term, they did not consider it appropriate. It was appropriate for that court to review the overall sanction. Overall, they found that the period of 268 days’ imprisonment was not excessive or unreasonable.
Criminal
R v Elmi [2022] EWCA Crim 1428, [2022] All ER (D) 47 (Nov)
The Court of Appeal, Criminal Division,
