Likely Penalty
Likely Penalty
Mr Watson and Mr Robins agreed that Trower J was right in Cole v Carpenter to say that only limited weight should be given to the possible penalty to be imposed for contempt. They both accepted that it was not really possible to speculate, with any accuracy, as to what penalty might be imposed, if Mr Ginda were found to be in contempt. I do not consider the likely penalty in this case is a factor that militates either for or against granting permission for Sanman to take contempt proceedings under grounds 1 and 5.
- Heading
- INTRODUCTION
- THE PERMISSION APPLIED FOR
- EVIDENCE
- THE NEED FOR PERMISSION
- “It has been emphasised that the court should exercise great caution before giving permission to bring proceedings [and] should not do so unless there is a strong case both that the statement in quest
- APPLYING THE LEGAL PRINCIPLES TO THE GROUNDS
- Significance of and use to which the Statement was put/motive
- THE PUBLIC INTEREST
- Prosecutorial Motive
- Would contempt proceedings justify the court’s and other resources which would be devoted to them?/Proportionality
- Furthering the Overriding Objective
- Likely Penalty
- Is Sanman a Proper Person to bring the Contempt proceedings?
- The Need for Great Caution
- GROUNDS 3 AND 4
- Does Sanman have a Strong Prima Facie Case that the statement is false?
- Does Sanman have a Strong Prima Facie Case that Mr Ginda knew the Statement to be untrue?
- The significance of the false statement, use to which it was put and Mr Ginda’s motive
- Conclusions
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