Commissioner for Fair Trading v Peter Todd Garay [2010] NSWSC 218

Commissioner for Fair Trading v Peter Todd Garay [2010] NSWSC 218

The contempts were calculated, knowing breaches of Grove J's orders by an offender with prior contempts and a history of defying court orders, so full-time imprisonment was required and periodic detention or home detention could not be justified. Although remorse and rehabilitation prospects were treated cautiously, the offender's personal situation, gambling and treatment needs amounted to special circumstances warranting a shorter non-parole period, and totality was addressed by concurrent sentences producing an aggregate sentence of 18 months with a 6 month non-parole period.

Jurisdiction
Australia
Judgment Date
25 March 2010
Procedural Posture
Criminal Contempt of Court Sentencing / Sentence After Offender Was Found Guilty of 9 Charges of Contempt
Outcome
The offender was sentenced to full-time imprisonment for contempt of court, with concurrent sentences resulting in an aggregate term of 18 months and a non-parole period of 6 months.
Legal Topics
['breaches of Court Orders Restraining Conduct in Relation to Residential Building Work' 'home Building Act 1989 Licence Representations' 'prior Contempt Offences' 'gambling Addiction and Mental Health in Sentencing' 'full Time Custody' 'non Parole Period' 'totality']
['criminal Law' 'contempt of Court' 'sentencing'] ['breaches of Court Orders Restraining Conduct in Relation to Residential Building Work' 'home Building Act 1989 Licence Representations' 'prior Contempt Offences' 'gambling Addiction and Mental Health in Sentencing' 'full Time Custody' 'non Parole Period' 'totality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Contempt of Court Sentencing / Sentence After Offender Was Found Guilty of 9 Charges of Contempt

Legal Issues

  1. 1 ["What sentence should be imposed for 9 contempts consisting of knowing breaches of Grove J's orders concerning residential building work." "Whether the offender's asserted remorse, gambling addiction, depressive illness and personal history reduced sentence or supported rehabilitation prospects." 'Whether periodic detention or home detention was appropriate, or whether full-time custody was required.' 'Whether special circumstances warranted departure from the statutory proportion between sentence and non-parole period.' 'How totality should be reflected across offences concerning three properties.']

Ratio Decidendi

The contempts were calculated, knowing breaches of Grove J's orders by an offender with prior contempts and a history of defying court orders, so full-time imprisonment was required and periodic detention or home detention could not be justified. Although remorse and rehabilitation prospects were treated cautiously, the offender's personal situation, gambling and treatment needs amounted to special circumstances warranting a shorter non-parole period, and totality was addressed by concurrent sentences producing an aggregate sentence of 18 months with a 6 month non-parole period.

Court Disposition

The offender was sentenced to full-time imprisonment for contempt of court, with concurrent sentences resulting in an aggregate term of 18 months and a non-parole period of 6 months.

Orders

  • ['For each offence relating to the Van Der Linden and Uebergang properties, charges 2-4 and 6-8 respectively, Peter Todd Garay is sentenced to imprisonment for 6 months, to commence on 25 March 2010 and expire on 24 September 2010.' 'For each offence relating to the Challinor property, charges 10-12, Peter Todd...