C v REGISTRAR, COURT OF APPEAL [1995] NSWCA 67

C v REGISTRAR, COURT OF APPEAL

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

KirBy P, MAHONEY JA and POWELL JA 13, 19 December 1995

[1995] NSWCA 67

CONTEMPT- punishment — custodial sentence — sentence for contempt to follow sentence of imprisonment imposed for corporations offences — application for relief prior to service of any part of custodial sentence — held: Application premature — service of custodial sentence was intended by the Court for a serious case of contempt involving refusal to answer questions in a criminal trial.

Supreme Court Rules Pt 55 r 14. Parsons v The Queen (1993) 115 FLR 270 (WACCA) consd.

Kirby P, Mahoney JA and Powell JA. The claimant, to be known by the letter 'C', moves the Court for relief from orders earlier pronounced in respect of a charge of contempt of court which was brought against him by the Registrar of this Court.

The Court agreed to adopt the expedient of identifying the claimant by his initial because he expressed fears of retaliation if it became known in the prison where he is presently serving his sentence, that he is cooperating with the Director of Public Prosecutions. Initially, it was asked that the Court make a "suppression order' to forbid reference to the proceedings in the Court. The Court declined to take that course (assuming it to be open to it) out of respect for the principle of open justice. See Raybos Australia Pty Ltd & Anor v Jones (1985) 2 NSWLR 47 (CA). But, there being no opposition by the Solicitor-GeneralGeneral on behalf of the Registrar, the Court agreed to adopt the expedient secondly requested by the claimant to safeguard his identity to the extent that this would be secured by using his initials.

A contemnor is convicted and sentenced

In the view which the Court takes of the present motion, it is unnecessary to analyse the facts. The Court is convinced that the motion is premature and that the relief sought in it should be denied.