Ryan v Wright (No 2) [2004] NSWSC 1019

Ryan v Wright (No 2) [2004] NSWSC 1019

Mr Wright's deliberate and wilful breach of undertakings given to the court constituted criminal contempt; though sentencing principles pursuant to Crimes (Sentencing Procedure) Act 1999 apply to imprisonment for criminal contempt, the court may suspend punishment by requiring voluntary service under its inherent powers.

Jurisdiction
Australia
Judgment Date
15 November 2004
Procedural Posture
Contempt Proceedings / Judgment and Sentencing
Outcome
Craig Wright found guilty of contempt of court; Lynn Wright charges dismissed.
Legal Topics
['contempt of Court' 'undertakings' 'sentencing' 'punishment' 'suspension of Imprisonment' 'community Service Orders']
['procedure' 'equity' 'criminal'] ['contempt of Court' 'undertakings' 'sentencing' 'punishment' 'suspension of Imprisonment' 'community Service Orders']

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Procedural Posture

Contempt Proceedings / Judgment and Sentencing

Legal Issues

  1. 1 ['Whether Mr Wright committed criminal contempt by breaching court undertakings' 'Whether sentence of imprisonment is appropriate' 'Whether the Crimes (Sentencing Procedure) Act 1999 applies' 'Whether the court has power to suspend a custodial sentence upon undertaking community service']

Ratio Decidendi

Mr Wright's deliberate and wilful breach of undertakings given to the court constituted criminal contempt; though sentencing principles pursuant to Crimes (Sentencing Procedure) Act 1999 apply to imprisonment for criminal contempt, the court may suspend punishment by requiring voluntary service under its inherent powers.

Court Disposition

Craig Wright found guilty of contempt of court; Lynn Wright charges dismissed.

Orders

  • ['Charges against Lynn Wright dismissed.' 'Craig Wright declared guilty of contempt for breaching court undertakings between 4 September 2003 and 23 October 2003.' 'Craig Wright sentenced to 28 days imprisonment commencing 28 days after order takes effect.' 'Punishment suspended if Craig Wright undertakes to perform...