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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix F: Selected criminal (non sub judice) contempt cases where a custodial sentence was imposed

Report 100 (2003) - Contempt by publication

Appendix F: Selected criminal (non sub judice) contempt cases where a custodial sentence was imposed

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History of this Reference (Digest)

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CASE
Principal Registrar, Supreme Court of NSW v Jando [2001] NSWSC 969
CONTEMPTUOUS CONDUCT
Continually refusing to answer questions
CUSTODIAL SENTENCE
12 months periodic detention

CASE
ASIC v Matthews [2001] NSWSC 735
CONTEMPTUOUS CONDUCT
Continually failing to comply with court orders
CUSTODIAL SENTENCE
12 months imprisonment if the defendant failed to pay a $5,000 security for a 2 year good behaviour bond. Costs

CASE
Wilson v The Prothonotary [2000] NSWCA 23
CONTEMPTUOUS CONDUCT
Throwing paint at a judge following an adverse ruling
CUSTODIAL SENTENCE
3 months, 20 days (the time he had already served) for each offence, served concurrently (down from 2 years on appeal)

CASE
R v Georgiou [2000] NSWSC 287 (Dowd J)
CONTEMPTUOUS CONDUCT
Refusal to answer questions in a murder trial
CUSTODIAL SENTENCE
12 months (served concurrently with other offences)

CASE
R v Duncan [2000] NSWSC 440
CONTEMPTUOUS CONDUCT
Refusing to answer questions as a witness in her de facto husband’s murder trial
CUSTODIAL SENTENCE
2 month fixed term

CASE
Environment Protection Authority v Keogh [2000] NSWLEC 237
CONTEMPTUOUS CONDUCT
Failure to comply with cleanup orders of the Land and Environment Court
CUSTODIAL SENTENCE
2 month fixed term

CASE
Rich v Attorney General (Vic) (1999) VSCA 14
CONTEMPTUOUS CONDUCT
(a) addressing the trial judge in a threatening, abusive and offensive manner with an intention to interfere with the administration of justice
(b) threatening the prosecutor with an intention to intimidate the prosecutor and undermine the court
CUSTODIAL SENTENCE
(a) 6 months
(b) 12 months
Commencing at the expiration of the defendant’s current term of imprisonment. At trial the sentences were to be served cumulative, on appeal they were reduced to be served concurrently

CASE
Arkway Pty Ltd v Hirning (Qld, Supreme Court, No 1524/99, 19 July 1999, unreported) (Derrington J)
CONTEMPTUOUS CONDUCT
Breach of an undertaking given to the court
CUSTODIAL SENTENCE
Fine of $5,000 or 3 months’ imprisonment in default of payment

CASE
Registrar, Criminal Division, Supreme Court of NSW v Glasby [1999] NSWSC 846 (Adams J)
CONTEMPTUOUS CONDUCT
Refusing to answer questions as a witness in her husband’s murder trial
CUSTODIAL SENTENCE
6 years imprisonment comprising a minimum term of two years and an additional term of four years

CASE
Pelechowski v Registrar, Court of Appeal [1999] HCA 19
CONTEMPTUOUS CONDUCT
Failure to comply with court orders against selling or encumbering property
CUSTODIAL SENTENCE
6 months fixed term (overturned on appeal to the High Court by a 3-2 majority)

CASE
NSW Crime Commission v Johns (NSWSC, No 10129/97, 3 April 1998, unreported)
CONTEMPTUOUS CONDUCT
Refusal to answer questions
CUSTODIAL SENTENCE
12 months fixed term cumulative on present sentence

CASE
Wood v Galea (1997) 92 A Crim R 287
CONTEMPTUOUS CONDUCT
Refusal to give evidence before a Royal Commission
CUSTODIAL SENTENCE
2 years and 3 months fixed term

CASE
Langer v Australian Electoral Commission (1996) 59 FCR 463
CONTEMPTUOUS CONDUCT
Defying court orders prohibiting distribution of election material
CUSTODIAL SENTENCE
10 weeks (released on appeal after serving 3 weeks)

CASE
Wood v Moller (NSWSC, No 030118/96, 15 November 1996, unreported) (Dunford J)
CONTEMPTUOUS CONDUCT
Failure to comply with a summons to give evidence at a Royal Commission
CUSTODIAL SENTENCE
8 month fixed term

CASE
C v Registrar, Court of Appeal (NSWCA, No 40130/94, 10 May 1996, unreported)
CONTEMPTUOUS CONDUCT
Failing to answer questions in a trial
CUSTODIAL SENTENCE
6 month fixed term and $10,000 fine

CASE
Registrar, Court of Appeal v Craven (No 1) (1995) 120 FLR 427 (liability); Registrar, Court of Appeal v Craven (No 2) (1995) 120 FLR 464 (penalty)
CONTEMPTUOUS CONDUCT
Refusal to answer questions
CUSTODIAL SENTENCE
6 month fixed term and $10,000 fine

CASE
Wood v Staunton (No 5) (1995) 86 A Crim R 183
CONTEMPTUOUS CONDUCT
Continually refusing to answer questions of a Royal Commission inquiry
CUSTODIAL SENTENCE
11 month fixed term for first contempt, 8 month fixed term for second contempt served concurrently

CASE
R v Quirke (Toowoomba, District Court, 9 March 1994, unreported) (Howell DCJ)
CONTEMPTUOUS CONDUCT
Failure to answer questions after giving undertakings to do so
CUSTODIAL SENTENCE
12 months

CASE
R v Speedy (Brisbane, District Court, 15 April 1994, unreported) (Hoath DCJ)
CONTEMPTUOUS CONDUCT
Failure to give evidence at a retrial
CUSTODIAL SENTENCE
6 months (would have been 12 months had the accused not given evidence at the first trial)

CASE
Young v Jackman (NSWSC, Court of Appeal, No 40308/93, 5 June 1993, unreported)
CONTEMPTUOUS CONDUCT
Disobedience of Family Court order
CUSTODIAL SENTENCE
6 month fixed term

CASE
Attorney General (NSW) v Whiley (1993) 31 NSWLR 314
CONTEMPTUOUS CONDUCT
(a) Attempting to improperly influence a Magistrate by threatening violence pending the outcome of a Family Court order
(b) Placing improper pressure on the Director General of DOC’s by threatening violence
CUSTODIAL SENTENCE
(a) 2 years minimum with an additional term of 18 months
(b) 12 months minimum with an additional term of 6 months, served concurrently with the first sentence

CASE
ICAC v Cornwall (1993) 38 NSWLRC 207 (liability); ICAC v Cornwall (No 2) (NSWCA, No 11043/93, 8 September 1993, unreported) (Abadee J) (penalty)
CONTEMPTUOUS CONDUCT
Refusal to answer questions and produce documents
CUSTODIAL SENTENCE
2 month fixed term for each offence served concurrently, suspended on the condition that 90 hours of community service is performed

CASE
Registrar, Court of Appeal v Raad (NSWCA, No 40585/91, 9 June 1992, unreported)
CONTEMPTUOUS CONDUCT
Refusal to answer questions
CUSTODIAL SENTENCE
12 month fixed term cumulative on present sentence

CASE
Registrar, Court of Appeal v Gilby (NSWCA, No 40172/91 20 August 1991, unreported)
CONTEMPTUOUS CONDUCT
Refusing to take the oath and give evidence
CUSTODIAL SENTENCE
6 month fixed term for each of the six offences, served concurrently

CASE
R v Herring (NSWSC, No 70140/90, 3 October 1991, unreported)
CONTEMPTUOUS CONDUCT
Physically attempting to attack a judge
CUSTODIAL SENTENCE
2 year fixed term

CASE
Registrar, Court of Appeal v Collins [1982] 1 NSWLR 682
CONTEMPTUOUS CONDUCT
Distributing pamphlets outside a court
CUSTODIAL SENTENCE
2 months fixed term

CASE
Dow v Attorney General [1980] Qd R 58
CONTEMPTUOUS CONDUCT
An outburst of rudeness
CUSTODIAL SENTENCE
3 months (subsequently set aside on appeal after 7 weeks served)

CASE
Ex Parte Tuckerman; Re Nash [1970] 3 NSWR 23
CONTEMPTUOUS CONDUCT
Six men on trial for trespass entered the court to answer the charges and each raised an arm in a clenched fist salute
CUSTODIAL SENTENCE
14 days each


Terms of reference | Participants | Recommendations
Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5
Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10
Chapter 11 | Chapter 12 | Chapter 13 | Chapter 14 | Chapter 15
Appendix A | Appendix B | Appendix C
Appendix D | Appendix E | Appendix F
Table of legislation | Table of cases | Bibliography | Index

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