Sentencing in the absence of the respondent
Sentencing in the absence of the respondent
I then went on to consider the question whether it was appropriate for me to proceed directly to sentencing when the respondent was not present. Again, leading counsel for the applicant in the contempt application addressed me on this. Once more, I gave an extempore judgment, holding that I would continue to sentence. Leading counsel then addressed me on the question of sentence. In order to make sure that I had appreciated all the points which could be made on behalf of the respondent, I reserved my decision.
- 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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