R v RAMI EL JAMAL [2009] NSWSC 686

Threatening a witness in relation to their giving of evidence constitutes contempt of court, even if it occurs outside the courtroom and the judge’s presence. The seriousness of undermining the court system necessitates a term of imprisonment, but given the offender’s personal circumstances a suspended sentence conditioned upon a good behaviour bond is appropriate.

Jurisdiction: Australia
Judgment Date: 03 July 2009
Procedural Posture: Criminal / Sentencing
Outcome: Sentence of imprisonment for 9 months; whole sentence suspended for 9 months upon entering into a good behaviour bond; offender released from custody.
Legal Topics: ['contempt of Court' 'sentencing']

['criminal Law'] ['contempt of Court' 'sentencing']

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Procedural Posture

Criminal / Sentencing

Legal Issues

1 ['Whether uttering a threat to a witness outside the courtroom constitutes contempt in the face of the court' 'Appropriateness of custodial versus non-custodial sentence for contempt']

Ratio Decidendi

Court Disposition

Sentence of imprisonment for 9 months; whole sentence suspended for 9 months upon entering into a good behaviour bond; offender released from custody.

Orders

['Imprisonment for a term of 9 months.' 'Execution of sentence suspended for 9 months on condition of entering into a good behaviour bond.' 'Offender to be released from custody upon entering bond.']