A contemnor who admits failing to comply with an undertaking cannot be sentenced on the basis that the undertaking was knowingly given without prospect of compliance, unless that more serious allegation is distinctly stated as a charge and the contemnor given an opportunity to answer it. Where a sentencing judge proposes to find an apology disingenuous in contempt proceedings punishable by imprisonment, that adverse finding must be put to the contemnor before it is made. A sentence of four months' imprisonment is at the upper extremity of the appropriate range for contempt consisting of breach of an undertaking to ensure company compliance with court orders.
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