Prothonotary v Hirata [2000] NSWSC 684

Prothonotary v Hirata [2000] NSWSC 684

Although the defendant's communication with a juror was objectively serious and had the potential to influence the jury's verdict or cause the trial to miscarry, the penalty should be limited because she had very little experience, acted foolishly rather than with intent to interfere with justice, had good character, was contrite and unlikely to re-offend, had suffered and might suffer extra-curial consequences, and would be significantly affected by a substantial costs order. A small fine should be imposed but suspended on condition of a good behaviour recognisance, and the defendant should pay the plaintiff's costs because the plaintiff succeeded in establishing contempt and the...

Jurisdiction
Australia
Judgment Date
12 April 2000
Procedural Posture
Contempt of Court Proceedings / Penalty Hearing After the Defendant Was Found Guilty of Contempt of Court
Outcome
Penalty imposed; fine suspended on condition of good behaviour recognisance; defendant ordered to pay plaintiff's costs.
Legal Topics
['penalty for Contempt' 'communication With Juror During Jury Trial' 'costs' 'suspension of Punishment' 'extra Curial Punishment']
['contempt of Court' 'civil Procedure' 'legal Profession'] ['penalty for Contempt' 'communication With Juror During Jury Trial' 'costs' 'suspension of Punishment' 'extra Curial Punishment']

Case Brief

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Procedural Posture

Contempt of Court Proceedings / Penalty Hearing After the Defendant Was Found Guilty of Contempt of Court

Legal Issues

  1. 1 ['What penalty, if any, should be imposed for the contempt of court found on 10 March 2000.' "Whether the defendant should pay the plaintiff's costs of the proceedings." 'Whether any fine should be imposed and, if imposed, whether payment should be suspended.']

Ratio Decidendi

Although the defendant's communication with a juror was objectively serious and had the potential to influence the jury's verdict or cause the trial to miscarry, the penalty should be limited because she had very little experience, acted foolishly rather than with intent to interfere with justice, had good character, was contrite and unlikely to re-offend, had suffered and might suffer extra-curial consequences, and would be significantly affected by a substantial costs order. A small fine should be imposed but suspended on condition of a good behaviour recognisance, and the defendant should pay the plaintiff's costs because the plaintiff succeeded in establishing contempt and the...

Court Disposition

Penalty imposed; fine suspended on condition of good behaviour recognisance; defendant ordered to pay plaintiff's costs.

Orders

  • ['In respect of the contempt of court found by the court, the defendant be fined the sum of $2,000.' 'The punishment be suspended, upon the condition that the defendant enter into a recognisance to be of good behaviour for two years.' "The defendant pay the plaintiff's costs of the proceedings." "Liberty to apply on...