Resolute Ltd & Anor v Warnes

[2001] WASCA 4

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Contempt
2. › Interference with course of justice and administration of law
3. › Publication offensively critical of party defending proceedings
4. › Pending defamation proceedings
5. › Practical reality of publication
6. › Punishment
1. Contempt
2. › Punishment
3. › Powers of court to punish
4. › Inherent jurisdiction
5. › Power to impose suspended sentence of imprisonment
6. › Whether Sentencing Act 1995 (WA) applies
7. › Sentencing Act 1995 (WA), s 3(3)
1. Contempt
2. › Punishment
3. › Relevance of absence of subjective intent to interfere with administration of justice
4. › Mitigating circumstances

Quick Take

The court's inherent jurisdiction to punish for contempt includes the power to impose suspended sentences of imprisonment, and the Sentencing Act 1995 (WA) does not apply to contempt punishment. Absence of subjective intent to interfere with the administration of justice, while not a defence to contempt, is a relevant mitigating factor in sentencing.