Prothonotary v Wilson [1999] NSWSC 1148

Prothonotary v Wilson [1999] NSWSC 1148

The uncontested evidence proved beyond reasonable doubt that the defendant deliberately and premeditatedly brought concealed bags of paint to court and threw one at Acting Justice Murray and another towards the bench while his Honour was announcing judgment in proceedings involving the defendant. Those acts occurred in court, in the presence of other litigants, were likely to occasion serious alarm, interfered with the administration of justice and undermined the authority of the courts. Each act constituted a separate contempt of court.

Jurisdiction
Australia
Judgment Date
09 November 1999
Procedural Posture
Contempt of Court / Summary Hearing on Summons Seeking Declarations of Contempt; Conviction Determined Before Sentence
Outcome
The defendant was convicted of two counts of contempt of court.
Legal Topics
['contempt in the Face of the Court' 'interference With the Administration of Justice' 'summary Trial of Contempt' 'criminal Standard of Proof' 'assault on Judicial Officer']
['contempt of Court' 'civil Procedure' 'criminal Law'] ['contempt in the Face of the Court' 'interference With the Administration of Justice' 'summary Trial of Contempt' 'criminal Standard of Proof' 'assault on Judicial Officer']

Case Brief

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Procedural Posture

Contempt of Court / Summary Hearing on Summons Seeking Declarations of Contempt; Conviction Determined Before Sentence

Legal Issues

  1. 1 ["Whether the contempt summons should proceed summarily without a jury despite the defendant's objection to jurisdiction and claim to trial by jury." 'Whether the defendant threw two plastic bags filled with paint at or towards Acting Justice Murray after judgment was handed down in proceedings to which the defendant was a party.' 'Whether each act tended to interfere with the administration of justice and constituted a separate contempt of court proved beyond reasonable doubt.']

Ratio Decidendi

The uncontested evidence proved beyond reasonable doubt that the defendant deliberately and premeditatedly brought concealed bags of paint to court and threw one at Acting Justice Murray and another towards the bench while his Honour was announcing judgment in proceedings involving the defendant. Those acts occurred in court, in the presence of other litigants, were likely to occasion serious alarm, interfered with the administration of justice and undermined the authority of the courts. Each act constituted a separate contempt of court.

Court Disposition

The defendant was convicted of two counts of contempt of court.

Orders

  • ['The matter was to proceed in a summary fashion without a jury.' 'Declarations were made in accordance with paragraphs 1 and 2 of the summons.' 'The defendant was convicted of the two counts of contempt particularised in the summons.' 'The court would hear submissions on sentence.']