Federal Court of Australia
Federal Court of Australia
Australian Crime Commission v DTO21 [2022] FCA 288 File number(s): NSD 1116 of 2021
Judgment of: THAWLEY J
Date of judgment: 28 March 2022
Catchwords: CONTEMPT OF COURT – sentencing – contempt of the Australian Criminal Intelligence Commission – respondent in contempt by refusing to answer questions in examination – where respondent pleaded guilty – where respondent did not subsequently purge contempts despite opportunities to do so – indefinite term of imprisonment imposed
Legislation: Australian Crime Commission Act 2002 (Cth) ss 7A, 24A, 28, 30, 33, 34, 34B, 34C Crimes Legislation Amendment (Serious and Organised Crime) Act (No 2) 2010 (Cth) Criminal Code Act 1995 (Cth) Evidence Act 1995 (Cth) s 173 Federal Court of Australia Act 1976 (Cth) ss 31, 37AF Federal Court Rules 2011 (Cth) rr 29.09, 42.15 Explanatory Memorandum, Law Enforcement Legislation Amendment (Powers) Bill 2015 (Cth)
Cases cited: Anderson v DKH18 [2018] FCA 1571 Anderson v EVA20 [2021] FCA 457 Anderson v GPY18 [2019] FCA 954 Anderson v XLVII [2015] FCA 19 Australian Competition and Consumer Commission v INFO4pc.com Pty Ltd [2002] FCA 949 Corruption and Crime Commission v Allbeury (No 2) [2011] WASC 26, (2011) 205 A Crim R 386 Hannaford v HH [2010] FCA 1214; (2010) 205 A Crim R 366 Hannaford v HH (No 2) [2012] FCA 560, (2012) 203 FCR 501 Hughes v Australian Competition and Consumer Commission [2004] FCAFC 319 Independent Commission Against Corruption v Cornwall (No 1) (1993) 116 ALR 97 Lusty v CRA20 [2020] FCA 1737 R v Drever [2010] SASCFC 27 R v Dial (unreported, District Court of South Australia, 30 April 2009) R v Giuseppe Falanga and Carmelo Falanga (unreported, District Court of South Australia, 6 March 2008) R v Smith (1987) 44 SASR 587 Royal Commissioner v Staunton (unreported, Supreme Court of New South Wales, Dunford J, 8 June 1995) Sage v ZZ (No 2) [2015] FCA 450 Selvaratnam v St George - A Division of Westpac Banking Corporation (No 2) [2021] FCA 486 Von Doussa v Owens (No 3) (1982) 31 SASR 116 Wood v Galea (1995) 79 A Crim R 567 Wood v Staunton (No 5) (1996) 86 A Crim R 183
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