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Home > Judgments > 2014 archive

Harrow v Afzal [2014] EWHC 303 (Fam) (sentencing remarks)

Sentencing remarks of Keehan J in case involving contempt of court by maternal grandfather in proceedings involving a 3 month old baby who had been unlawfully removed from the jurisdiction

For the substantive judgment to which Keehan J's sentencing remarks relate please click here

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IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION No.FD14P00078

Royal Courts of Justice
Friday, 31st January 2014


Before:

MR. JUSTICE KEEHAN

B E T W E E N :

LONDON BOROUGH OF HARROW  Applicant

- and -

AFZAL & OrsRespondents
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Transcribed by BEVERLEY F. NUNNERY & CO
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MR. M. JARMAN appeared on behalf of the Applicant.
MS. R. McWATT appeared on behalf of the Father.
MR. O. JONES appeared on behalf of the Maternal Grandparents.
MS. J. BRERETON appeared on behalf of the Guardian.
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SENTENCING REMARKS

MR. JUSTICE KEEHAN:
Mr. Rasul, on 31 January of this year I found you to be in contempt of this court.  I described those contempts to be serious, and I remain of the view that they were serious contempts.  I found that you had lied in your evidence about your involvement with your young granddaughter wrongly being taken out of this jurisdiction to Spain. 

I indicated at the time that I considered a sentence of 28 days' imprisonment to be appropriate.  I have, as invited by your counsel, reconsidered that period of time in light of your good character, your age, your health and your current financial circumstances.  However, given the nature of your contempt and the seriousness of it, I am satisfied that 28 days' imprisonment is the absolute minimum sentence that would be appropriate for me to pass. 

In light of all the matters relied on by your counsel in mitigation, I have considered whether it would be appropriate to suspend that sentence for a period of time.  Again, given the serious nature of the breach, I am satisfied it would not be appropriate to suspend that period of imprisonment. 

Accordingly, I sentence you to 28 days' imprisonment.  You will serve one half of that sentence, namely 14 days. 

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