In the matter of Daniel James Ezold [2002] NSWSC 574

New South Wales Supreme Court

CITATION : In the matter of Daniel James Ezold [2002] NSWSC 574 revised - 8/10/2010 FILE NUMBER(S) : SC 70017/01 HEARING DATE(S) : 3 May 2002 JUDGMENT DATE : 3 May 2002

PARTIES : Daniel James Ezold - Contemnor JUDGMENT OF : Barr J at 1

COUNSEL : Mr R.D. Cogswell SC - Amicus Curiae Mr C.B. Craigie for the Contemnor SOLICITORS : I.V. Knight - Amicus Curiae Hansons Solicitors for the Contemnor CATCHWORDS : Criminal law - contempt of court - refusal to take oath and give evidence - sentence. Registrar of Court of Criminal Appeal v Gilby, Court of Appeal, 20 August 1991, unreported. CASES CITED : Smith v The Queen (1991) 25 NSWLR 1 Wood v Staunton (No 5) (1995) 86 A Crim R 183 DECISION : See Judgment at Paragragh 34

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Graham Barr J

Friday 3 May 2002

70017/01 In the matter of Daniel James Ezold

JUDGMENT 1 HIS HONOUR: Daniel James Ezold comes before the Court charged with contempt in the face of the Court constituted by his wilful refusal to take an oath or affirmation and to give evidence. 2 He was originally to be tried jointly with a co-offender, Jason Farrell, for murder. For reasons which are no longer relevant, the trials were separated. The offender, Mr Ezold, was tried first, convicted and sentenced. He was sentenced just a few days before the trial of Farrell commenced. The Crown intended to call him to give evidence at the trial of Farrell. It was apparent even then, however, that Mr Ezold had already told the Crown that he did not intend to give evidence.

3 The matter was raised again during debate on his sentence and I drew attention to it in the remarks I made when sentencing him. I said on 20 February this year that his reluctance to give evidence in the forthcoming trial did not cause me to doubt conclusions I had reached about the prospects of his rehabilitation.