Principal Registrar of the Supreme Court of NSW v Jando

(2001) 53 NSWLR 527; [2001] NSWSC 969

Supreme Court of NSW

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Interrogate

Catchwords

1. Contempt
2. › Contempt in the face of the court
3. › Refusal to answer questions at criminal trial
4. › Competent and compellable witness
5. › Referral from District Court to Supreme Court
6. › District Court Act (NSW), s 203
1. Contempt
2. › Punishment for contempt
3. › Sentencing considerations
4. › Factors relevant to punishment for refusal to give evidence
5. › Whether Crimes (Sentencing Procedure) Act 1999 (NSW) applies to common law contempt
6. › Whether periodic detention available as sentencing option
7. › Crimes (Sentencing Procedure) Act 1999 (NSW), ss 4, 5, 6

Quick Take

The Crimes (Sentencing Procedure) Act 1999 (NSW) applies to sentencing for the common law offence of contempt of court, including the availability of periodic detention under s 6 of that Act. The ten sentencing factors identified in Wood v Staunton (No. 5) (1995) 86 A Crim R 183 continue to govern the assessment of punishment for contempt by refusal to give evidence.