Markisic (Oliver) v The Commonwealth

[2006] NSWCA 150

NSW Court of Appeal

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Interrogate

Catchwords

1. Contempt
2. › Criminal contempt
3. › Charge dismissed
4. › Right of appeal
5. › Whether striking out of motion means person 'found not to have committed contempt'
6. › Supreme Court Act 1970 (NSW), s 101(5), (6)
1. Appeal
2. › Right of appeal
3. › Contempt proceedings
4. › Statutory restriction on appeal from acquittal of criminal contempt
5. › Whether prohibition extends to striking out of charge as without substance
6. › Supreme Court Act 1970 (NSW), s 101(5), (6)
1. Criminal Law
2. › Double jeopardy
3. › No appeal from acquittal
4. › Application to contempt proceedings
5. › Whether general principle applies to striking out of contempt charge

Quick Take

Section 101(6) of the Supreme Court Act 1970 (NSW) precludes any appeal from a judgment by which a person charged with criminal contempt is found not to have committed contempt, and this extends to any form of judgment including the striking out of a contempt motion as 'entirely without substance'. The exclusion does not require a full hearing on the merits and is satisfied by a finding of 'no evidence' to support the charge. Where there is no right of appeal, no question of leave to appeal arises.