REGISTRAR OF THE COURT OF APPEAL v RAAD [1992] NSWCA 207

REGISTRAR OF THE COURT OF APPEAL v RAAD [1992] NSWCA 207

A deliberate refusal by a compellable witness to answer questions during a criminal trial, particularly in the context of serious crime, constitutes a grave contempt of court warranting a substantial custodial sentence, especially where the contemnor is aware of the consequences and has previously cooperated then reneged, undermining the administration of justice.

Parties
Claimant: Registrar of the Court of Appeal; Opponent: Raad
Jurisdiction
Australia
Judgment Date
09 June 1992
Procedural Posture
Criminal Contempt Proceedings / Sentencing on Charges of Contempt
Outcome
Opponent convicted on charges of contempt to which he pleaded guilty and sentenced to a fixed term of 12 months imprisonment, cumulative upon his existing sentence.
Legal Topics
Refusal to Give Evidence, Sentencing for Contempt, Witness Obligations, Court Procedure
Criminal Law Contempt of Court Refusal to Give Evidence Sentencing for Contempt Witness Obligations Court Procedure

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Parties

Registrar of the Court of Appeal

Claimant

Raad

Opponent

Procedural Posture

Criminal Contempt Proceedings / Sentencing on Charges of Contempt

Legal Issues

  1. 1 Whether refusal by a compellable witness to answer questions during a criminal trial constitutes contempt of court
  2. 2 What sentence is appropriate for contempt in these circumstances
  3. 3 Whether the Sentencing Act 1989 applies to contempt

Ratio Decidendi

A deliberate refusal by a compellable witness to answer questions during a criminal trial, particularly in the context of serious crime, constitutes a grave contempt of court warranting a substantial custodial sentence, especially where the contemnor is aware of the consequences and has previously cooperated then reneged, undermining the administration of justice.

Court Disposition

Opponent convicted on charges of contempt to which he pleaded guilty and sentenced to a fixed term of 12 months imprisonment, cumulative upon his existing sentence.

Orders

  • The opponent is convicted of the charges of contempt to which he pleaded guilty.
  • A fixed term of 12 months imprisonment is imposed.