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CONFINING SENTENCE TO BREACH OF INJUNCTION - COURT RULES OVER WOMAN IN CAMBRIDGESHIRE'S CARE

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The court of appeal has allowed an appeal by an unnamed person, D, against his sentence of 12 months' imprisonment ...
The court of appeal has allowed an appeal by an unnamed person, D, against his sentence of 12 months' imprisonment for writing love letters to his girlfriend in breach of an injunction taken out by Cambridgeshire CC principally to prevent violence upon the girlfriend who was in its care, reports The Times (Law Report, p44).

The court ruled that the history which led to the imposition of an injunction was not relevant when sentencing for breach of the injunction which had to be examined for what it was and sentenced accordingly.

The judge ruled that although the breach was serious in the sense that the object of the injunction was to protect the girlfriend and her unborn child from D, it had to be weighed against the fact the court was dealing with the tortured emotions of two young lovers. Courts had to be mindful of orders controlling passions.
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