DPP v Garde-Wilson

(2006) 15 VR 640; [2006] VSCA 295

Victorian Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Crown appeal
4. › Appeal against sentence
5. › Contempt of court
6. › Whether general right of appeal confers Crown right to appeal sentence in contempt proceedings
7. › Supreme Court Act 1986 (Vic), s 17(2)
1. Contempt of Court
2. › Criminal contempt
3. › Refusal to answer questions as witness
4. › Prosecution by DPP
5. › Whether proceeding instituted by DPP or by the Court
6. › Public Prosecutions Act 1994 (Vic), s 22(ba)(iii)
1. Statutory Interpretation
2. › Principle of legality
3. › General words in statute
4. › Whether general words sufficient to confer Crown right of appeal against sentence
5. › Reading down general provisions to avoid radical change to existing law

Quick Take

The general right of appeal conferred by s 17(2) of the Supreme Court Act 1986 (Vic) does not extend to the Crown in respect of a sentence imposed following a summary conviction for contempt of court. A Crown right of appeal against sentence requires clear and specific legislative authorisation. Where the DPP institutes contempt proceedings pursuant to s 22(ba)(iii) of the Public Prosecutions Act 1994 (Vic), the proceeding is properly characterised as brought by the DPP, not by the Court.