Sage v CFT22 [2022] FCA 1028

FEDERAL COURT OF AUSTRALIA

Sage v CFT22 [2022] FCA 1028 File number: NSD 485 of 2022

Judgment of: BROMWICH J

Date of judgment: 6 September 2022

Catchwords: CONTEMPT OF COURT – sentencing – where the respondent appearing before the Australian Criminal Intelligence Commission as a witness refused or failed to take an oath or affirmation – where the respondent is charged with contempt of the Commission by reason of his refusal to take an oath or affirmation – where the respondent pleaded guilty to the contempt charge – where the respondent did not subsequently purge his contempt despite being presented with opportunities to do so – whether the sentence imposed should be indeterminate or for a fixed term – Held: delayed indeterminate sentence imposed, to commence on the last day of the respondent's non-parole period

Legislation: Australian Crime Commission Act 2002 (Cth) ss 7, 7A, 28, 28(1), 30(1), 30(2), 33, 34A, 34B, 34B(6), 34C, 35, 46B Criminal Code (Cth) Chapter 2, s 13.2 Federal Court of Australia Act 1976 (Cth) s 37AF Crimes Act 1914 (Cth) Part 1B

Cases cited: Anderson v GPY18 [2019] FCA 954 Australian Competition and Consumer Commission v Info4pc.com Pty Ltd (2002) 121 FCR 24 Australian Crime Commission v DTO21 [2022] FCA 28 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 In re Nevill (1902) 117 Fed Rep 448 Kazal v Thunder Studios Inc (California) [2017] FCAFC 111; (2017) 256 FCR 90 Witham v Holloway (1995) 183 CLR 525