› penalty proceedings following declaration and conviction of contempt in the contemnor’s absence
› whether “criminal proceedings” within the meaning of the UCPR and Civil Procedure Act 2005 (NSW) - UCPR inapplicable and r 36.16 cannot be invoked to set aside conviction
Criminal Law
› criminal contempt
› fitness inquiry
› where concern as to fitness arises after conviction but before sentence
› Mental Health (Forensic Provisions) Act 1990 (NSW) not applicable
› plaintiff unfit according to the R v Presser [1958] VicRp 9; [1958] VR 45 criteria
› no penalty where psychiatric illness diminished moral culpability - no detriment to contemnor in proceeding to finality despite unfitness
Case Details
Citation[2017] NSWSC 1071
CourtNSWSC
JurisdictionNew South Wales
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