JACKMAN v YOUNG NO 1 [1992] NSWCA 118

JACKMAN v YOUNG NO 1 [1992] NSWCA 118

Bail may be granted in contempt proceedings by the Court of Appeal as part of its incidental jurisdiction or as judges of the Supreme Court, and bail should be granted to Mr Young subject to reporting, security, and undertakings restraining contact with the child.

Parties
Claimant: Pamela Jackman; Opponent: Gary Young; Submitting Appearance: Commonwealth Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
22 April 1992
Procedural Posture
Application for Bail During Contempt Proceedings / Interim Order and Adjournment Pending Hearing
Outcome
Bail granted to Mr Young subject to specified conditions; proceedings adjourned; written submissions ordered; costs reserved.
Legal Topics
Jurisdiction to Grant Bail in Contempt Proceedings, Conditions for Bail, Exercise of Bail Discretion, Incidental Powers of Courts
Contempt of Court Criminal Procedure Bail Jurisdiction to Grant Bail in Contempt Proceedings Conditions for Bail Exercise of Bail Discretion Incidental Powers of Courts

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Parties

Pamela Jackman

Claimant

Gary Young

Opponent

Commonwealth Director of Public Prosecutions

Submitting Appearance

Procedural Posture

Application for Bail During Contempt Proceedings / Interim Order and Adjournment Pending Hearing

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to grant bail in contempt proceedings
  2. 2 What conditions should be imposed for bail in contempt charges

Ratio Decidendi

Bail may be granted in contempt proceedings by the Court of Appeal as part of its incidental jurisdiction or as judges of the Supreme Court, and bail should be granted to Mr Young subject to reporting, security, and undertakings restraining contact with the child.

Court Disposition

Bail granted to Mr Young subject to specified conditions; proceedings adjourned; written submissions ordered; costs reserved.

Orders

  • Mr Gary Young to report daily to Merrylands Police Station until discharged by court order.
  • Mr Gary Young to provide security in the sum of $10,000 to appear before the Supreme Court for contempt charge.