R v Diallo & Ors (No 16) [2024] NSWSC 1221

Supreme Court New South Wales

Medium Neutral Citation: R v Diallo & Ors (No 16) [2024] NSWSC 1221 Hearing dates: 19 September 2024 Date of orders: 30 September 2024 Decision date: 30 September 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) Two charges of contempt, as identified in [22] and particularised in R v Diallo & Ors (No 10); Re referral of witness KL for contempt [2024] NSWSC 1085, are to be dealt with summarily pursuant to Pt 55, Div 2 of the Supreme Court Rules 1970 (NSW). (2) Expedite the disposition of the matter. (3) Direct my associate to liaise with KL's counsel and solicitors to determine a suitable date. (4) KL's legal representatives to advise the Court of KL's plea within seven days. Catchwords: CRIMINAL LAW – contempt – refusal to answer questions when directed to do so – where court determined provisionally to refer the matter to the Prothonotary for institution of charges – where contemnor submits contemnor should not be prosecuted – contemnor submits alternatively that the alleged contempt should be dealt with summarily – where contemnor to be called in subsequent trial having refused to answer questions in related trial – where Prosecutor also urges contempt to be dealt with summarily due to likely delay in alternative procedure Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 4, 25 Supreme Court Rules 1970 (NSW), Pt 55, Divs 2-3 Cases Cited: Dowling v Prothonotary of the Supreme Court of New South Wales (2018) 99 NSWLR 229; [2018] NSWCA 340 Prothonotary of the Supreme Court of New South Wales v Dangerfield [2016] NSWCA 277 R v Diallo & Ors (No 7) [2024] NSWSC 978 R v Diallo & Ors (No 10); Re referral of witness KL for contempt [2024] NSWSC 1085 R v Taber and Styman; Re Shannon v Styman [2005] NSWSC 1329 Registrar of the Court of Appeal v Raad (Court of Appeal (NSW), 9 June 1992, unreap) Texts Cited: Justice Natalie Adams and Belinda Baker, 'Sentencing for Contempt of Court' (Conference Paper, National Judicial College of Australia and the Australian National University Sentencing Conference, 29 February 2020) Category: Procedural rulings Parties: Rex (Prosecution) Ibrahima Diallo (Defendant) AG (Defendant) AD (Defendant) Panashe Morgan Ryan Karise (Defendant) KL (Alleged Contemnor) YA (Interested Party) Representation: Counsel: E Balodis (Rex) R Wilson SC (Diallo) M Avenell SC (AG) B Robinson (AD) M Smith (Karise) M Fernando (KL) W Terracini SC KC & P Kondich (YA)