Anderson v DKH18 (No 2) [2019] FCA 1352

FEDERAL COURT OF AUSTRALIA

Anderson v DKH18 (No 2) [2019] FCA 1352 File number: SAD 157 of 2018

Judge: WHITE J

Date of judgment: 16 August 2019

Catchwords: CONTEMPT OF COURT – application to review continuance of indefinite sentence of imprisonment imposed for contempt of the Australian Crime Commission – satisfaction that the Respondent has purged his contempts since being sentenced – factors to consider when reviewing indefinite sentence of imprisonment – order for the release of the Respondent from prison.

Legislation: Australian Crime Commission Act 2002 (Cth) ss 28, 30, 34A, 34B

Cases cited: Anderson v DKH18 [2018] FCA 1571 Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd [1986] HCA 46; (1986) 161 CLR 98 Corruption and Crime Commission v Allbeury, Silvestro, Chikonga, Smith (No 2) [2011] WASC 26; (2011) 205 A Crim R 386

Date of hearing: 16 August 2019

Registry: South Australia

Division: General Division

National Practice Area: Federal Crime and Related Proceedings

Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicant: Mr C Retallick

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: Mr C Jacobi

Solicitor for the Respondent: Adelaide Criminal Lawyers

ORDERS SAD 157 of 2018

BETWEEN: JEFFREY PHILIP ANDERSON Applicant

AND: DKH18 Respondent

JUDGE: WHITE J DATE OF ORDER: 16 AUGUST 2019

THE COURT ORDERS THAT:

1. The Respondent be released from custody forthwith. 2. The Respondent pay the costs of the Applicant incurred of and incidental to the Originating Application of 29 June 2018 since 19 October 2018 including of the Interlocutory Application filed 8 July 2019 and of today's hearing. 3. In the event that the Respondent wishes to submit that the Court should in some form restrict publication of the reasons just given, he is by 4pm on 21 August 2019 to file and serve: (a) any affidavit to be relied upon in support of that positon; and (b) an outline of the submissions not exceeding five pages to be made in support. 4. If the Respondent does not intend to seek such an order then he is to inform my Associate of that fact by 4pm on 21 August 2019. 5. In the event that the Respondent does seek such an order, he is in the outline of submissions to indicate whether he seeks an oral hearing of that application. 6. There be liberty to the parties to apply in relation to issues concerning the publication of the judgment. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.