Federal Court of Australia
Federal Court of Australia
Lusty v CVA22 [2023] FCA 130 File number(s): NSD 634 of 2022
Judgment of: THAWLEY J
Date of judgment: 23 February 2023
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 – fixed term of 8 months imprisonment imposed
Legislation: Australian Crime Commission Act 2002 (Cth) ss 4, 7, 24A, 25A(9), 28, 30(5), 34A(a)(ii), 34B, 46B Criminal Code Act 1995 (Cth) ss 11.5(1), 302.2(1), 400.9(1) Crimes Act 1900 (NSW) s 193C(2) Criminal Procedure Act 1986 (NSW) s 82 Drug Misuse and Trafficking Act 1985 (NSW) s 24(2) Explanatory Memorandum, Law Enforcement Legislation Amendment (Powers) Bill 2015 (Cth)
Cases cited: Anderson v GPY18 [2019] FCA 954 Australian Crime Commission v DTO21 [2022] FCA 288 Hannaford v HH (No 2) [2012] FCA 560; 203 FCR 501 Lusty v CRA20 [2020] FCA 1737 R v Qutami [2001] NSWCCA 353; 127 A Crim R 369 R v Sara [2020] NSWCCA 119 Sage v CFS22 [2022] FCA 1023 Wood v Staunton (No 5) (1996) 86 A Crim R 183 X7 v Australian Crime Commission [2013] HCA 29; 248 CLR 92
Division: General Division
Registry: New South Wales
National Practice Area: Federal Crime and Related Proceedings
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