Al Muderis v Duncan (No 5) [2019] NSWSC 461

Al Muderis v Duncan (No 5) [2019] NSWSC 461

Given the continuing and egregious contemptuous conduct by the second defendant, shown by deliberate disobedience and lack of contrition, a bench warrant for arrest is warranted, an aggregate sentence of two years' imprisonment with a non-parole period of 18 months is appropriate for criminal contempt (with formal orders deferred pending arrest), and an aggregate fine of $40,000 is appropriate for civil contempt, along with an indemnity costs order in favour of the plaintiff.

Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Contempt Proceedings / Sentencing
Outcome
Conviction for criminal contempt on Counts 1, 2, 3, 6, 7, 8 and 9; bench warrant issued for arrest; fine imposed for civil contempt; indemnity costs ordered.
Legal Topics
['sentencing for Contempt' 'criminal Contempt' 'civil Contempt' 'bench Warrant' 'fines' 'costs']
['contempt of Court' 'criminal Law'] ['sentencing for Contempt' 'criminal Contempt' 'civil Contempt' 'bench Warrant' 'fines' 'costs']

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Procedural Posture

Contempt Proceedings / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for criminal and civil contempt established against the second defendant?' "Should a bench warrant issue for the contemnor's arrest given his absence?" 'What factors should be taken into account in sentencing for contempt of court?']

Ratio Decidendi

Given the continuing and egregious contemptuous conduct by the second defendant, shown by deliberate disobedience and lack of contrition, a bench warrant for arrest is warranted, an aggregate sentence of two years' imprisonment with a non-parole period of 18 months is appropriate for criminal contempt (with formal orders deferred pending arrest), and an aggregate fine of $40,000 is appropriate for civil contempt, along with an indemnity costs order in favour of the plaintiff.

Court Disposition

Conviction for criminal contempt on Counts 1, 2, 3, 6, 7, 8 and 9; bench warrant issued for arrest; fine imposed for civil contempt; indemnity costs ordered.

Orders

  • ['Conviction for criminal contempt recorded on Counts 1, 2, 3, 6, 7, 8 and 9.' 'Bench warrant for the arrest of Gerardo Mazzella (aka Gerard Duncan) to be detained and brought before the Supreme Court for sentence.' 'Fine of $40,000 imposed on Gerardo Mazzella (aka Gerard Duncan), payable forthwith.' "Second...