The Prothonotary of the Supreme Court of New South Wales v London [2023] NSWSC 1252

Supreme Court New South Wales

Medium Neutral Citation: The Prothonotary of the Supreme Court of New South Wales v London [2023] NSWSC 1252 Hearing dates: 25 October 2023 Date of orders: 30 November 2023 Decision date: 30 November 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. A declaration that the defendant is guilty of contempt of the Local Court of New South Wales in that, on 16 June 2021, he, who had been served with a subpoena to attend the Local Court at Burwood to give evidence for the prosecution in criminal proceedings, wilfully refused to attend the Court on that date to give evidence. 2. An order that the defendant be committed to a correctional centre for a period of 6 months to commence on 30 November 2023 and expire on 29 May 2024. Catchwords: CONTEMPT – sentence – refusal to give evidence in proceedings against former correctional officer – where correctional officer was charged with contraband offences and engaging in an intimate and sexual relationship with the defendant – refusal to give evidence resulted in withdrawal of contraband offences and allegation of sexual relationship – where defendant was seriously assaulted two days before he was due to give evidence – where defendant refused to give evidence due to fears for his own safety – little evidence of defendant's subjective circumstances – not entitled to leniency on the basis of his criminal record and the large number of prison offences – significance of deterrence and denunciation in contempt proceedings – plea of guilty and evidence of remorse – where defendant serving existing sentence in circumstances where parole revoked not referable to contempt – totality – when contempt sentence should commence - sentence to commence on day of decision Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) ss 7, 8 Crimes Act 1900 (NSW) ss 193B, 193C Crimes (Administration of Sentences) Act 1999 (NSW) ss 236Q, 253G Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) s 65 Supreme Court Rules 1970 (NSW) pt 55 r 13 Weapons Prohibition Act 1998 (NSW) s 7 Cases Cited: Cameron v The Queen (2002) 209 CLR 339; [2002] HCA 6 Commissioner for Police Integrity Commission v Walker [2006] NSWSC 964 Council of the New South Wales Bar Association v Rollinson [2022] NSWSC 407 Dowling v The Prothonotary of the Supreme Court of New South Wales (2018) 99 NSWLR 229; [2018] NSWCA 340 Howard v R [2019] NSWCCA 109 R v Dunbabin; Ex Parte Williams (1935) 53 CLR 434; [1935] HCA 34 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Registrar of the Court of Appeal v Gilby [1991] NSWCA 235 Registrar of the Court of Appeal v Mainiam (No 2) (1992) 26 NSWLR 309 Registrar of the Court of Appeal v Raad [1992] NSWCA 207 Silvano v R [2008] NSWCCA 118; (2008) 184 A Crim R 593 Smith v The Queen ((1991) 25 NSWLR 1 Wood v Galea (1997) 92 A Crim R 287 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Yildiz v R [2020] NSWCCA 69 Texts Cited: Nil Category: Principal judgment Parties: The Prothonotary of the Supreme Court of NSW (Plaintiff) Corey London (Defendant) Representation: Counsel: D Kell SC & J Caldwell (Plaintiff) T Spohr (Defendant)