The Prothonotary of the Supreme Court of NSW v AS [2018] NSWSC 664

The Prothonotary of the Supreme Court of NSW v AS [2018] NSWSC 664

A sentence of imprisonment is warranted for contempt in the face of the court where the offender, despite direction by the judge and warning of consequences, sustained refusal to answer questions in the context of serious drug supply offences, motivated by a plausible fear for personal and familial safety and expressed contrition. Appropriate penalty reflects sentencing discounts, gravity of conduct, and the accepted practice of considering totality of criminality.

Parties
Crown: Prothonotary of the Supreme Court of NSW; Defence: AS
Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Criminal / Sentencing Decision
Outcome
conviction and sentence imposed
Legal Topics
Contempt in the Face of the Court, Plea of Guilty, Wilful Refusal to Answer Questions, Sentencing
Criminal Law Contempt in the Face of the Court Plea of Guilty Wilful Refusal to Answer Questions Sentencing

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Parties

Prothonotary of the Supreme Court of NSW

Crown

AS

Defence

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 What punishment should be imposed for contempt in the face of the court by wilful refusal to answer questions?
  2. 2 How should relevant subjective and objective factors be considered when sentencing for contempt?

Ratio Decidendi

A sentence of imprisonment is warranted for contempt in the face of the court where the offender, despite direction by the judge and warning of consequences, sustained refusal to answer questions in the context of serious drug supply offences, motivated by a plausible fear for personal and familial safety and expressed contrition. Appropriate penalty reflects sentencing discounts, gravity of conduct, and the accepted practice of considering totality of criminality.

Court Disposition

conviction and sentence imposed

Orders

  • AS is convicted of the offence of contempt.
  • AS is sentenced to a fixed term of nine months' imprisonment, commencing 1 November 2019 and expiring 31 July 2020.