HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v MOOR and ANOR [1994] NSWCA 131

HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v MOOR and ANOR [1994] NSWCA 131

The acts committed by the opponents—sending documents in the form of court summonses to induce persons to call a number for sales promotion—constitute contempt under the Unauthorised Documents Act 1922. However, given their lack of criminal record and absence of awareness that the conduct was an offence, formal convictions will not be entered. Declarations of contempt are made and the opponents are ordered to pay the Attorney General's costs.

Parties
Claimant: Her Majesty's Attorney General in and for the State of New South Wales; Opponent: Simon Anthony Moor; Opponent: Jeremy David Hutton
Jurisdiction
Australia
Judgment Date
28 February 1994
Procedural Posture
Contempt Proceedings / Determination of Penalty Following Plea of Guilty
Outcome
Declarations of contempt made; no convictions entered; opponents ordered to pay Attorney General's costs on a party and party basis.
Legal Topics
Contempt of Court, Unauthorised Documents, Costs
Criminal Law Procedure Contempt of Court Unauthorised Documents Costs

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Parties

Her Majesty's Attorney General in and for the State of New South Wales

Claimant

Simon Anthony Moor

Opponent

Jeremy David Hutton

Opponent

Procedural Posture

Contempt Proceedings / Determination of Penalty Following Plea of Guilty

Legal Issues

  1. 1 Whether sending documents resembling court summonses for sales promotion constitutes contempt under the Unauthorised Documents Act 1922.
  2. 2 Appropriate penalty and whether conviction should be entered.

Ratio Decidendi

The acts committed by the opponents—sending documents in the form of court summonses to induce persons to call a number for sales promotion—constitute contempt under the Unauthorised Documents Act 1922. However, given their lack of criminal record and absence of awareness that the conduct was an offence, formal convictions will not be entered. Declarations of contempt are made and the opponents are ordered to pay the Attorney General's costs.

Court Disposition

Declarations of contempt made; no convictions entered; opponents ordered to pay Attorney General's costs on a party and party basis.

Orders

  • Declarations made as in para2 and para3 of the summons.
  • Convictions not entered.