Fine?
Fine?
Having established the appropriate sentence, I must expressly consider the question whether a custodial sentence is actually necessary, or whether a fine would be sufficient. First of all, I observe that the respondent is, and remains, bankrupt, and a fine would, in effect, be no penalty at all. However, even if that were not the case, in my judgment, these matters are too serious to justify simply a fine. This is a case which necessitates a custodial sentence.
- Heading
- Introduction
- The respondent’s further applications
- Dealing with the applications
- The application of 13 August 2025
- The application of 4 September 2025
- Sentencing in the absence of the respondent
- The respondent’s further application
- The position of the applicant in the contempt application
- Discussion
- Conclusion on the application
- Sentencing decision
- The respondent’s position
- The mental element in contempt
- Purging contempt
- Starting point
- Aggravation and mitigation
- Decision in principle
- Fine?
- Suspended sentence?
- Conclusions
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