In the Matter of Steven Smith (No. 2) [2015] NSWSC 1141

In the Matter of Steven Smith (No. 2) [2015] NSWSC 1141

Because the contemnor's conduct consisted of deliberate, aggressive refusal to take the oath or affirmation and threats of violence toward court staff during serious criminal proceedings, causing substantial disruption and risk to the administration of justice, and in light of his criminal antecedents and the need for significant both general and specific deterrence, only a substantial custodial sentence, partially cumulative on existing terms, is appropriate. An aggregate sentence of 3 years’ imprisonment is proportionate, without specification of a non-parole period, in light of the existing parole structure.

Parties
Contemnor: Steven Smith; Amicus Curiae: Crown (Amicus Curiae)
Jurisdiction
Australia
Judgment Date
14 August 2015
Procedural Posture
Sentencing for Criminal Contempt / Sentencing Judgment Following Guilty Pleas to Two Counts of Contempt
Outcome
Convicted on two counts of contempt of court; aggregate sentence imposed.
Legal Topics
Sentencing for Contempt, Refusal to Give Evidence, Violence/threats in Court, Effect of Criminal Antecedents, Sentencing Principles for Contempt
Criminal Law Contempt of Court Sentencing for Contempt Refusal to Give Evidence Violence/threats in Court Effect of Criminal Antecedents Sentencing Principles for Contempt

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Parties

Steven Smith

Contemnor

Crown (Amicus Curiae)

Amicus Curiae

Procedural Posture

Sentencing for Criminal Contempt / Sentencing Judgment Following Guilty Pleas to Two Counts of Contempt

Legal Issues

  1. 1 What is the appropriate sentence for two counts of contempt of court involving (1) refusal to take oath or affirmation and (2) threats/violence in the courtroom during criminal proceedings?
  2. 2 What mitigating or aggravating factors are relevant for sentencing in contempt committed by a serving prisoner?
  3. 3 Should the sentences for contempt be concurrent with, or cumulative upon, existing sentences?

Ratio Decidendi

Because the contemnor's conduct consisted of deliberate, aggressive refusal to take the oath or affirmation and threats of violence toward court staff during serious criminal proceedings, causing substantial disruption and risk to the administration of justice, and in light of his criminal antecedents and the need for significant both general and specific deterrence, only a substantial custodial sentence, partially cumulative on existing terms, is appropriate. An aggregate sentence of 3 years’ imprisonment is proportionate, without specification of a non-parole period, in light of the existing parole structure.

Court Disposition

Convicted on two counts of contempt of court; aggregate sentence imposed.

Orders

  • Steven Smith is convicted of two counts of contempt of court.
  • He is sentenced to imprisonment for 3 years, to date from 7 August 2028 and expiring on 6 August 2031, with no non-parole period specified.