R v Allan Dennis Pena; R v RY [2007] NSWDC 190

R v Allan Dennis Pena; R v RY [2007] NSWDC 190

RY was guilty of contempt of court for refusing to answer questions after being lawfully directed under section 128 of the Evidence Act and after having the opportunity to obtain legal advice; the contempt was serious, deliberate, and warranted separate, immediate custodial penalty.

Parties
Prosecution: Crown; Accused: Allan Dennis Pena; Witness / Contemnor: RY
Jurisdiction
Australia
Judgment Date
24 September 2007
Procedural Posture
Criminal / Contempt Proceedings During Trial
Outcome
guilty and convicted of contempt of court; sentenced to imprisonment; certificate granted under s128 Evidence Act
Legal Topics
Contempt in the Face of the Court, Self Incrimination, Section 128 Certificate, Supply Prohibited Drug, Refusal to Answer Questions
Criminal Law Contempt of Court Contempt in the Face of the Court Self Incrimination Section 128 Certificate Supply Prohibited Drug Refusal to Answer Questions

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Crown

Prosecution

Allan Dennis Pena

Accused

RY

Witness / Contemnor

Procedural Posture

Criminal / Contempt Proceedings During Trial

Legal Issues

  1. 1 Whether RY should be directed to answer questions about his involvement with the accused in drug offences
  2. 2 Whether RY should be granted a certificate under section 128 of the Evidence Act
  3. 3 What steps should be taken if RY refused to answer questions

Ratio Decidendi

RY was guilty of contempt of court for refusing to answer questions after being lawfully directed under section 128 of the Evidence Act and after having the opportunity to obtain legal advice; the contempt was serious, deliberate, and warranted separate, immediate custodial penalty.

Court Disposition

guilty and convicted of contempt of court; sentenced to imprisonment; certificate granted under s128 Evidence Act

Orders

  • RY is found guilty of and convicted of contempt of court
  • On each count he is sentenced to 14 days imprisonment, such sentences to be served concurrently backdated to commence on 18 September, 2007 and expire on 2 October, 2007