HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES vHAYDEN [1994] NSWCA 129

HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v HAYDEN

SUPREME COURT OF NEW SOUTH WALES

GLEESON CJ, MAHONEY AND COLE JJA 23 November 1994, 23 November 1994

[1994] NSWCA 129

CONTEMPT OF COURT — Penalty hearing — abusive and threatening conduct towards witness — considerable record including for similar offences — psychiatric evidence taken — imprisonment for six months.

The opponent, who had a bad record which included interference, with witnesses in court proceedings, was convicted of contempt of court in the form of abusive and threatening conduct towards a potential witness. Psychiatric evidence showed that he was not psychotic, but suffered from a complex personality disorder - HELD - An appropriate penalty was imprisonment for six months.

ORDERS Opponent sentenced to imprisonment for a fixed term of six months to date from 13 October 1994.

Gleeson CJ On 13 October 1994 the court convicted the opponent of contempt ofcourt and, refusing bail in the meantime, adjourned the matter to today for further evidence and hearing on the question of penalty.

The facts relating to the contempt are set out in the judgment of 13 October 1994 and it is unnecessary to repeat the detail. It suffices for present purposes to say that on 20 January this year at the Local Court at the Downing Centre in Sydney the opponent abused, threatened and assaulted a man named Andrew David Duell who was waiting to give evidence, or possibly to give evidence, in certain proceedings in the Local Court in which the opponent's mother was involved and in which the opponent's was appearing as the representative of his mother.

The judgment of 13 October records the events that gave rise to the charge of contempt, the abusive conduct in which the opponent engaged towards Mr Duell and the manner in which the opponent swung his fists towards Mr Duell's face and said to him, amongst other things, "You don't think you're going to make it home tonight, do you?"