The Hon Mr Acting Justice Morris David Ireland v Renee Ann Russell [2001] NSWSC 468

The Hon Mr Acting Justice Morris David Ireland v Renee Ann Russell [2001] NSWSC 468

Refusal to answer questions in the face of the Court after compulsion constitutes contempt, but mitigating circumstances, contrition, and attempts to comply in a limited way justify imposition of a good behaviour bond rather than a custodial sentence.

Jurisdiction
Australia
Judgment Date
06 June 2001
Procedural Posture
Contempt of Court Proceedings / Sentencing
Outcome
Good behaviour bond imposed pursuant to s.9 of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['contempt in the Face of the Court' 'refusal to Give Evidence' 'sentencing for Contempt']
['criminal Law' 'procedure'] ['contempt in the Face of the Court' 'refusal to Give Evidence' 'sentencing for Contempt']

Case Brief

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Procedural Posture

Contempt of Court Proceedings / Sentencing

Legal Issues

  1. 1 ['Whether Renee Ann Russell was guilty of contempt in the face of the Court by refusing to answer questions while under compulsion to give evidence' 'Appropriate sentence for contempt given circumstances of the contemnor']

Ratio Decidendi

Refusal to answer questions in the face of the Court after compulsion constitutes contempt, but mitigating circumstances, contrition, and attempts to comply in a limited way justify imposition of a good behaviour bond rather than a custodial sentence.

Court Disposition

Good behaviour bond imposed pursuant to s.9 of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['The contemnor is to enter into a good behaviour bond for five years from 6 June 2001 to 5 June 2006, with specified conditions, including appearing before the Court if called, being of good behaviour, informing the court of any change of address, and giving evidence if required in any retrial of specified matters.']