Commissioner for Fair Trading v Partridge [2006] NSWSC 478

Commissioner for Fair Trading v Partridge [2006] NSWSC 478

The offender knowingly and deliberately breached clear Court orders made for consumer protection in two respects, but imprisonment was not the only appropriate sentence in light of his plea of guilty, good character, unlikely prospect of re-offending, age, and health, so a combination of community service and good behaviour bond was imposed.

Parties
Plaintiff: Commissioner for Fair Trading; Defendant: Michael Anthony Partridge
Jurisdiction
Australia
Judgment Date
31 May 2006
Procedural Posture
Contempt of Court Proceedings / Sentencing After Plea of Guilty
Outcome
Offender convicted on both contempt counts; sentenced to 150 hours community service for count 1 and a 12-month good behaviour bond for count 2.
Legal Topics
Sentencing, Breach of Court Orders, Home Building Regulation
Criminal Law Contempt of Court Sentencing Breach of Court Orders Home Building Regulation

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Parties

Commissioner for Fair Trading

Plaintiff

Michael Anthony Partridge

Defendant

Procedural Posture

Contempt of Court Proceedings / Sentencing After Plea of Guilty

Legal Issues

  1. 1 Whether the offender knowingly breached Court orders by engaging in building consultancy work and failing to remove his website as directed
  2. 2 Appropriate sentence for contempt of Court orders made under s 138 of the Home Building Act 1989

Ratio Decidendi

The offender knowingly and deliberately breached clear Court orders made for consumer protection in two respects, but imprisonment was not the only appropriate sentence in light of his plea of guilty, good character, unlikely prospect of re-offending, age, and health, so a combination of community service and good behaviour bond was imposed.

Court Disposition

Offender convicted on both contempt counts; sentenced to 150 hours community service for count 1 and a 12-month good behaviour bond for count 2.

Orders

  • Offender to perform 150 hours of community service work for contempt in count 1.
  • Offender to enter into a bond for 12 months as a condition of sentence for contempt in count 2, including appearance if called and good behaviour.