Sage v CFS22 [2022] FCA 1023

Federal Court of Australia

Sage v CFS22 [2022] FCA 1023 File number: NSD 484 of 2022

Judgment of: BROMWICH J

Date of judgment: 5 September 2022

Catchwords: CONTEMPT OF COURT – sentencing – where the respondent appearing before the Australian Criminal Intelligence Commission as a witness, refused to answer 2 questions when required by the Commissioner to do so – where the respondent is charged with 2 charges of contempt arising from the refusal to answer questions by the Commissioner – where the respond pleaded guilty to both charges of contempt – where respondent did not purge his contempt despite opportunities to do so – whether the sentence imposed should be for a fixed duration or for an indeterminate period – Held: sentence of eight months imprisonment imposed, to be released after the expiry of four months, to commence after the conclusion of the respondent's non-parole period

Legislation: Australian Crime Commission Act 2002 (Cth) ss 7, 28(1), 30(1), 30(2), 33, 34A, 34A(a)(ii), 34B, 34B(6), 34(C), 35, 46B Crimes Act 1914 (Cth) Part 1B Criminal Code Act 1995 (Cth) Chapter 2 Federal Court of Australia Act 1976 (Cth) s 37AF

Cases cited: Anderson v BYFl9 [2019] FCA 1959 Australian Competition and Consumer Commission v Info4pc.com Pty Ltd (2002) 121 FCR 24 Australian Crime Commission v DTO21 [2022] FCA 288 Australian Securities and Investments Commission v Whitebox Trading Pty Ltd [2017] FCAFC 100; 251 FCR 448 Hughes v Australian Competition and Consumer Commission [2004] FCAFC 319; (2016) 247 FCR 277 Kazal v Thunder Studios Inc (California) [2017] FCAFC 111; (2017) 256 FCR 90 Principal Registrar of Supreme Court of NSW v Tran [2006] NSWSC 1183 R v Razzak [2006] NSWSC 1366 Witham v Holloway (1995) 183 CLR 525 Wood v Staunton (No 5) (1996) 86 A Crim R 183