Anderson v DKH18 [2018] FCA 1571

Anderson v DKH18 [2018] FCA 1571

The Respondent's deliberate refusal to answer six required, material questions as a witness before the ACIC constitutes serious contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth), and in the absence of purging the contempt, apology, or mitigating circumstances, a sentence of imprisonment until further order is appropriate both to punish and to coerce compliance.

Parties
Applicant: Jeffrey Philip Anderson; Respondent: DKH18
Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Contempt Proceedings / Sentencing After Pleas of Guilty
Outcome
Respondent found guilty of contempt and sentenced to imprisonment until further order.
Legal Topics
Contempt of Court—refusal to Answer Questions, Australian Crime Commission Act—section 34 A(a)(ii), Power to Punish Contempt as If Contempt of Federal Court, Sentencing for Contempt—imprisonment Until Further Order
Federal Crime Contempt of Court Contempt of Court—refusal to Answer Questions Australian Crime Commission Act—section 34 A(a)(ii) Power to Punish Contempt as If Contempt of Federal Court Sentencing for Contempt—imprisonment Until Further Order

Case Brief

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Parties

Jeffrey Philip Anderson

Applicant

DKH18

Respondent

Procedural Posture

Contempt Proceedings / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 Whether Respondent is guilty of contempt for refusal to answer questions required under s 24A of the Australian Crime Commission Act 2002 (Cth)
  2. 2 Appropriate penalty for contempt of the Australian Crime Commission (ACIC) under s 34B of the Act

Ratio Decidendi

The Respondent's deliberate refusal to answer six required, material questions as a witness before the ACIC constitutes serious contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth), and in the absence of purging the contempt, apology, or mitigating circumstances, a sentence of imprisonment until further order is appropriate both to punish and to coerce compliance.

Court Disposition

Respondent found guilty of contempt and sentenced to imprisonment until further order.

Orders

  • The Respondent is guilty of contempt of the Australian Crime Commission in that, being a witness appearing at an examination pursuant to s 24A of the Australian Crime Commission Act 2002 (Cth) on 6 June 2018, he refused to answer six questions which the examiner required him to answer.
  • The Respondent be imprisoned until further order.