Federal Court of Australia
CATCHWORDS
Contempt of Court - Appeal against conviction and sentence —-
Tendency of statement to destroy public confidence in the
integrity of the court - Whether correct meaning ascribed by primary Judge - Whether improper inference drawn from accused's failure to give evidence - Penalty of imprisonment - Whether
accused's assertion that money from "benefactors" would be used
to pay any fine was a relevant consideration.
NORMAN LESLIE GALLAGHER v. THE HONOURABLE PETER DURACK
No. V43 of 1982.
CORAM: Bowen C.J., Fitzgerald and Jenkinson JJ.
Melbourne.
13 December, 1982.
4 °
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. V43 of 1982
INDUSTRIAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NORMAN LESLIE GALLAGHER
Appellant AND: THE HONOURABLE PETER DURACK
Respondent
ORDER
JUDGES MAKING ORDER: Bowen C.J., Fitzgerald and Jenkinson JJ.
WHERE MADE: Melbourne
DATE: 13 December, 1982
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The stay of execution ordered by Mr. Justice Northrop on 5 November 1982 be lifted.
3. The direction that the warrant for the apprehension and committal of Norman Leslie Gallagher should lie in the Registry shall cease to have effect.
4. Norman Leslie Gallagher pay to the Attorney-General his costs of the appeal.
5. The orders specified in paragraphs 2 and 3 of this order shall take effect at 5 p.m. on Friday,
17 December 1982.
6. Liberty to apply be reserved.
IN THE FEDERAL COURT OF AUSTRALIA
} ) VICTORIA DISTRICT REGISTRY ) No. V43 of 1982. } )
INDUSTRIAL DIVISION
\ ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NORMAN LESLIE GALLAGHER Appellant AND: THE HONOURABLE PETER DURACK Respondent CORAM : Bowen C.J., Fitzgerald and Jenkinson JJ.
13 December ,1982.
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