VFV v VFU [2021] SGHCF 23

Facts

1 The Wife appealed against the District Judge’s decision to convict her of contempt of court, where she was found to have breached the consent order entered into in the Family Justice Courts by failing to provide the Husband physical access to the children between 19 June 2019 to 11 August 2019 and telephone access from 19 June 2019 to 27 June 2019. At the point of appeal, the District Judge had convicted the Wife of contempt of court but suspended sentencing to allow the Wife time to rectify the breaches. 

Court's decision

2 The appeal against the conviction of contempt of court was allowed, and the Wife was acquitted of the charge.

3 In determining whether an alleged offender’s conduct amounts to contempt of court, the court will assess what the order required the alleged offender to do, and then examine whether the alleged offender had the necessary mental culpability, namely, that the conduct was intentional and the alleged offender had knowledge of the facts that made such a conduct a breach of the order. It is not necessary to show that the party appreciated that it was breaching the order. The standard of proof is that of the criminal standard of proof beyond reasonable doubt. However, not every breach of a court order amounts to a contempt of court: at [10] to [11]. 

4 When assessing the mental culpability for the offence of contempt of court, s 21 of the Administration of Justice (Protection) Act 2016 provides that a person is not guilty of contempt if that person satisfies the court that the failure or refusal to comply with an order was wholly or substantially attributable to an honest and reasonable failure by that person, at the relevant time, to understand the obligation imposed on the person bound by the order, and that that person ought fairly to be excused: at [14].

5 A consent order made by the Family Justice Courts is binding on both parties and valid until the Syariah Court has made orders over the same subject matter: at [8] and [12].

6 In this case, the Wife’s compliance of Syariah Court orders which were made less than two months after the breaches would be relevant to the court as to whether the Wife has purged the contempt: at [8] and [16]. 

The full text of the decision can be found here. 

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