Sage, an examiner appointed under s 46B of the Australian Crime Commission Act 2002 v ZZ (No 2) [2015] FCA 450

FEDERAL COURT OF AUSTRALIA

Sage, an examiner appointed under s 46B of the Australian Crime Commission Act 2002 v ZZ (No 2) [2015] FCA 450 Citation: Sage, an examiner appointed under s 46B of the Australian Crime Commission Act 2002 v ZZ (No 2) [2015] FCA 450

Parties: GEOFFREY ERNEST (TIM) SAGE, AN EXAMINER APPOINTED UNDER SECTION 46B OF THE AUSTRALIAN CRIME COMMISSION ACT 2002 v ZZ

File numbers: NSD 380 of 2014

Judges: RARES J

Date of judgment: 8 May 2015

Catchwords: SENTENCING – contempt of the Australian Crime Commission punishable as contempt of Federal Court – where examination of contemnor concerned matters relating to national and international security – where contemnor found guilty of contempt for giving evidence to examiner that he knew to be false in a material particular – where contemnor fails to purge contempt or demonstrate remorse –power to impose indefinite period of imprisonment until contempt purged – general deterrence –consideration of impact of sentence on health of contemnor – whether discretion to impose custodial sentence affected by impact on contemnor's mental or physical health – responsibility of prison authorities for health and welfare of prisoners

Legislation: Australian Crime Commission Act 2002 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Keeley v Mr Justice Brooking (1979) 143 CLR 162 R v Bailey (1988) 35 A Crim R 458 R v Kovac (2006) 166 A Crim R 358 R v Smith (1987) 44 SASR 587 R v Van Boxtel (2005) 11 VR 258 Sage, an examiner appointed under s 46B of the Australian Crime Commission Act 2000 v ZZ [2015] FCA 417 Von Doussa v Owens (No 3) (1982) 31 SASR 116