Armidale Local Aboriginal Lands Council v Moran [2020] NSWSC 442

Armidale Local Aboriginal Lands Council v Moran [2020] NSWSC 442

The material tendered established genuine remorse, contrition, and apology from Ms Moran, as well as a change in circumstances (the premises demolished, hardship suffered, and undertakings not to re-offend). Further detention was unnecessary as punishment had already vindicated the Court's authority. Immediate...

Source-derived case information.

Parties
Applicant: Kerry Moran; Respondent: Armidale Local Aboriginal Lands Council
Jurisdiction
Australia
Judgment Date
23 April 2020
Procedural Posture
Application for Discharge From Contempt/criminal Contempt / Post Conviction; Application for Discharge From Punishment Under SCR Pt 55 R 14
Outcome
Application granted; Applicant discharged and released from imprisonment; sentence warrant revoked.
Legal Topics
Discharge From Contempt, Change in Circumstances, Apology/contrition, Clemency
Contempt of Court Criminal Law Civil Procedure Discharge From Contempt Change in Circumstances Apology/contrition Clemency

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Parties

Kerry Moran

Applicant

Armidale Local Aboriginal Lands Council

Respondent

Procedural Posture

Application for Discharge From Contempt/criminal Contempt / Post Conviction; Application for Discharge From Punishment Under SCR Pt 55 R 14

Legal Issues

  1. 1 Whether the Court's discretion to discharge the contemnor before expiry of sentence was enlivened by the evidence
  2. 2 Whether circumstances justified early discharge under Part 55 r 14 of the Supreme Court Rules 1970 (NSW)

Ratio Decidendi

The material tendered established genuine remorse, contrition, and apology from Ms Moran, as well as a change in circumstances (the premises demolished, hardship suffered, and undertakings not to re-offend). Further detention was unnecessary as punishment had already vindicated the Court's authority. Immediate discharge under Part 55 r 14 was appropriate.

Court Disposition

Application granted; Applicant discharged and released from imprisonment; sentence warrant revoked.

Orders

  • The defendant, Kerry Moran, be discharged and released from the correctional centre where she is presently imprisoned.
  • For the purpose of giving effect to order 1, revoke the sentence warrant dated 5 December 2019 in relation to the defendant's imprisonment.