REGISTRAR OF THE COURT OF APPEAL v GILBY [1991] NSWCA 235
Refusal to be sworn and to give evidence when properly called in a criminal trial constitutes contempt of court; duress as claimed was not made out on the evidence, as neither immediacy nor substantial direct fear was established and no complaint was made to authorities who could assist.
- Parties
- Claimant: Registrar of the Court of Appeal; Opponent: Neville William Gilby
- Jurisdiction
- Australia
- Judgment Date
- 20 August 1991
- Procedural Posture
- Criminal Contempt / Judgment and Sentencing
- Outcome
- Guilty of six counts of contempt; sentenced
- Legal Topics
- Refusal to Be Sworn as Witness, Obligation to Give Evidence, Claim of Duress
Case Brief
Summary, issues, holding and outcome
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Parties
Registrar of the Court of Appeal
Claimant
Neville William Gilby
Opponent
Procedural Posture
Criminal Contempt / Judgment and Sentencing
Legal Issues
- 1 Is refusal to be sworn and refusal to give evidence at a criminal trial contempt of court?
- 2 Does duress provide a valid defence to contempt charges in these circumstances?
Ratio Decidendi
Refusal to be sworn and to give evidence when properly called in a criminal trial constitutes contempt of court; duress as claimed was not made out on the evidence, as neither immediacy nor substantial direct fear was established and no complaint was made to authorities who could assist.
Court Disposition
Guilty of six counts of contempt; sentenced
Orders
- Imprisonment for six months in respect of each offence, sentences to run concurrently commencing 20 August 1991, release date 19 February 1992.
- Gilby ordered to pay costs of the proceeding.
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