In the matter of BAUSKIS [2006] NSWSC 908

In the matter of BAUSKIS [2006] NSWSC 908

The elements of contempt were proved beyond reasonable doubt because Mr Bauskis was present when the Court ordered persons wearing the T-shirts to leave or remove them, knew of the order, refused to obey it, again disobeyed when asked by Sheriff's officers to comply, and maintained that he was entitled to disobey because he considered the order unlawful. In the surrounding context of a disruptive and intimidatory courtroom demonstration, that defiance constituted contempt in the face of the Court.

Jurisdiction
Australia
Judgment Date
25 August 2006
Procedural Posture
Contempt in the Face of the Court / Judgment on Contempt Charge
Outcome
Guilty of contempt of court.
Legal Topics
['contempt in the Face of the Court' 'disobedience of Court Order' 'courtroom Conduct' 'inherent Power to Control Proceedings' 'trial by Jury Protest']
['contempt of Court' 'administration of Justice'] ['contempt in the Face of the Court' 'disobedience of Court Order' 'courtroom Conduct' 'inherent Power to Control Proceedings' 'trial by Jury Protest']

Case Brief

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Procedural Posture

Contempt in the Face of the Court / Judgment on Contempt Charge

Legal Issues

  1. 1 ['Whether John Peter Bauskis committed contempt in the face of the Court by refusing to leave the courtroom while wearing a T-shirt containing the words "Trial by jury is democracy" after being ordered not to remain in Court wearing it.' "Whether the order requiring persons wearing the T-shirts to leave or remove them was within the Court's authority." 'Whether disobedience of the order interfered with the administration of justice in the circumstances of the courtroom disturbance.']

Ratio Decidendi

The elements of contempt were proved beyond reasonable doubt because Mr Bauskis was present when the Court ordered persons wearing the T-shirts to leave or remove them, knew of the order, refused to obey it, again disobeyed when asked by Sheriff's officers to comply, and maintained that he was entitled to disobey because he considered the order unlawful. In the surrounding context of a disruptive and intimidatory courtroom demonstration, that defiance constituted contempt in the face of the Court.

Court Disposition

Guilty of contempt of court.

Orders

  • ['A verdict of guilty was entered.']