Commissioner for Fair Trading v Diab [2006] NSWSC 1066

Commissioner for Fair Trading v Diab [2006] NSWSC 1066

Sentences for contempt must reflect the objective and subjective seriousness of breaching court orders, avoid double punishment for conduct already penalized in criminal sentencing, and apply suitable utilitarian discount; accordingly, the defendant is sentenced to the rising of the Court for contempt charges...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 July 2006
Procedural Posture
Criminal Contempt Proceedings / Sentencing
Outcome
The offender convicted on 36 charges of contempt; sentenced to the rising of the Court for charges overlapping with previous convictions, and for other charges, a term of imprisonment with a non-parole period of 9 months commencing 9 September 2006, release on parole from 8 June 2007 under Probation and Parole...
Legal Topics
['contempt of Court' 'sentencing' 'breach of Orders' 'home Building Act Offences' 'fair Trading Act Offences']
['criminal Law' 'civil Procedure'] ['contempt of Court' 'sentencing' 'breach of Orders' 'home Building Act Offences' 'fair Trading Act Offences']

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Procedural Posture

Criminal Contempt Proceedings / Sentencing

Legal Issues

  1. 1 ['Whether the defendant is guilty of contempt by breaching injunctive orders of the Court under Home Building Act and Fair Trading Act' 'Appropriate sentence for contempt considering previous criminal convictions and double punishment']

Ratio Decidendi

Sentences for contempt must reflect the objective and subjective seriousness of breaching court orders, avoid double punishment for conduct already penalized in criminal sentencing, and apply suitable utilitarian discount; accordingly, the defendant is sentenced to the rising of the Court for contempt charges overlapping with previous criminal convictions, and for remaining charges, a term of imprisonment with a nine-month non-parole period and release on supervised parole.

Court Disposition

The offender convicted on 36 charges of contempt; sentenced to the rising of the Court for charges overlapping with previous convictions, and for other charges, a term of imprisonment with a non-parole period of 9 months commencing 9 September 2006, release on parole from 8 June 2007 under Probation and Parole...

Orders

  • ['On each charge a non-parole period of nine months commencing on 9 September 2006 and concluding on 8 June 2007.' 'The balance of the term commences on 9 June 2007 and expires on 8 March 2008.' 'The offender is to be released on parole on 8 June 2007.' 'Upon release on parole, the offender is to be supervised by...