Federal Court of Australia
Federal Court of Australia
Sage v CFT22 (No 2) [2023] FCA 594 File number: NSD 465 of 2022
Judgment of: BROMWICH J
Date of judgment: 5 June 2023
Date of publication of reasons: 7 June 2023
Catchwords: CONTEMPT – re-sentencing – where the respondent was found guilty of contempt of the Australian Crime Commission by reason of his refusal or failure to take an oath or affirmation – where a delayed indeterminate sentence was originally imposed, to commence at the conclusion of an existing non-parole period – where the respondent purged his contempt after the sentence began, having foreshadowed an intention to do so before it commenced – Held: a sentence of imprisonment varied to a fixed term from 20 May 2023 until 27 July 2023, to be suspended on 29 June 2023
Legislation: Australian Crime Commission Act 2002 (Cth) ss 28, 34A(a)(i)
Cases cited: Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd [2017] NSWSC 118; 94 NSWLR 777 Anderson v XLVII [2015] FCA 19; 319 ALR 139 Lusty (Examiner) v DER22 [2023] FCA 255 Lusty (Examiner) v DEZ22 [2022] FCA 1581 Prothonotary of the Supreme Court of New South Wales v A [2017] NSWSC 495 Sage v CFT22 [2022] FCA 1028 Wood v Staunton (No 5) (1996) 86 A Crim R 183
Division: General Division
Registry: New South Wales
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 10
Date of hearing: 5 June 2023
Counsel for the Applicant: Ms J Single SC
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