Doe v Dowling [2017] NSWSC 1037

Doe v Dowling [2017] NSWSC 1037

The appropriate penalty for Mr Dowling's deliberate, repeated, and unrepentant contempt of court, in breach of explicit court orders of which he was fully aware, is a fixed term of imprisonment, as no lesser penalty would serve the aims of deterrence, denunciation, and the protection of the authority of the courts.

Jurisdiction
Australia
Judgment Date
10 August 2017
Procedural Posture
Sentencing for Contempt of Court / Sentence
Outcome
Sentenced to a fixed term of imprisonment of four months.
Legal Topics
['contempt of Court' 'sentencing' 'suppression Orders']
['criminal Law'] ['contempt of Court' 'sentencing' 'suppression Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentencing for Contempt of Court / Sentence

Legal Issues

  1. 1 ['What is the appropriate penalty for contempt of court committed by the contemnor through breach of court orders?' "Whether the contemnor's culpability is reduced because the orders are liable to be set aside?" 'What aggravating or mitigating factors are relevant in sentencing for contempt?']

Ratio Decidendi

The appropriate penalty for Mr Dowling's deliberate, repeated, and unrepentant contempt of court, in breach of explicit court orders of which he was fully aware, is a fixed term of imprisonment, as no lesser penalty would serve the aims of deterrence, denunciation, and the protection of the authority of the courts.

Court Disposition

Sentenced to a fixed term of imprisonment of four months.

Orders

  • ['Shane Dowling sentenced to a fixed term of imprisonment of four months commencing on 10 August 2017 and expiring on 9 December 2017.']