Federal Court of Australia
Federal Court of Australia
Lusty (Examiner) v DEZ22 (No 2) [2023] FCA 858 File number(s): NSD 816 of 2022
Judgment of: WIGNEY J
Date of judgment: 28 June 2023
Date of publication: 28 July 2023
Catchwords: CONTEMPT OF COURT – refusal to answer questions in Australian Crime Commission examination under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) – Court's power to deal with contempt under s 34B of Australian Crime Commission Act 2002 (Cth) – consideration of principles relevant to fixing sentences for contempt – where respondent continues to refuse to purge contempt – consideration of respondent's circumstances, including matters relating to family and matters detailed in psychologist report – sentence of twelve months' imprisonment – sentence suspended
Legislation: Australian Crime Commission Act 2002 (Cth)
Cases cited: Anderson v BYF19 [2019] FCA 1959 Anderson v GPY18 [2019] FCA 954 Bugmy v The Queen (2013) 249 CLR 571 Lusty v CRA20 [2020] FCA 1737 Lusty v DER22 [2023] FCA 255 Lusty v DEZ22 [2022] FCA 1581 Totaan v The Queen [2022] NSWCCA 75
Division: General Division
Registry: New South Wales
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 31
Date of hearing: 28 June 2023
Counsel for the Applicant: Mr A Williams
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr D Carroll
Solicitor for the Respondent: Miers Legal
ORDERS NSD 816 of 2022
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