R v E Sleiman (Judgment No 29) [1999] NSWSC 858

R v E Sleiman (Judgment No 29) [1999] NSWSC 858

The accused, Emad Sleiman, threatened a witness in a manner calculated to intimidate him in the course of his evidence, thereby constituting contempt in the face of the court, regardless of whether the conduct was directly observed by the judge; such conduct is within the ambit of Pt 55 Division 2 of the Supreme Court Rules.

Parties
Prosecution: Regina; Accused: Emad Sleiman
Jurisdiction
Australia
Judgment Date
27 August 1999
Procedural Posture
Criminal / Contempt Determination After Trial Incident
Outcome
Guilty of contempt as charged
Legal Topics
Contempt in the Face of the Court, Threat to a Witness, Court Procedure—supreme Court Rules Pt 55
Criminal Law Contempt of Court Contempt in the Face of the Court Threat to a Witness Court Procedure—supreme Court Rules Pt 55

Case Brief

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Parties

Regina

Prosecution

Emad Sleiman

Accused

Procedural Posture

Criminal / Contempt Determination After Trial Incident

Legal Issues

  1. 1 Whether the accused committed contempt in the face of the court by threatening a witness
  2. 2 Whether Pt 55, Div 2 of the Supreme Court Rules applies where conduct was not observed by the trial judge

Ratio Decidendi

The accused, Emad Sleiman, threatened a witness in a manner calculated to intimidate him in the course of his evidence, thereby constituting contempt in the face of the court, regardless of whether the conduct was directly observed by the judge; such conduct is within the ambit of Pt 55 Division 2 of the Supreme Court Rules.

Court Disposition

Guilty of contempt as charged