Commissioner for Fair Trading v Garay & Ors [2005] NSWSC 647

New South Wales Supreme Court

CITATION : Commissioner for Fair Trading v Garay & Ors [2005] NSWSC 647

HEARING DATE(S) : 28/06/2005, 30/06/2005

JUDGMENT DATE : 30 June 2005

JUDGMENT OF : Buddin J

DECISION : 1 In respect of each of the four charges of contempt which constitute the first set of proceedings the offender is sentenced to imprisonment for a period of four months. Each of those sentences is to be served concurrently. Although I consider that nothing other than a sentence of imprisonment is required I do not consider that a sentence of more than six months is called for particularly given the offender's favourable subjective matters. 2 In respect of each of the four charges of contempt which constitute the second set of proceedings the offender is sentenced to a non-parole period of 8 months to commence immediately at the expiration of the sentences imposed in respect of the first set of proceedings. The balance of each of those terms is 4 months. Each of those sentences are to be served concurrently with each other. The total effective non-parole period is thus one of 12 months with the total effective overall sentence being one of 16 months. 3 I direct that each of the above sentences is to be served by way of periodic detention. I note that the offender has been assessed as suitable for periodic detention and that he has signed the requisite undertaking pursuant to s 66(1)(f) of the Crimes (Sentencing Procedure) Act 1999. 4 The first set of sentences is to commence on 8 July 2005. The second set of sentences is to commence immediately upon the expiration of the first set of sentences. I direct that the defendant report to Tomago Periodic Detention Centre at 8.30 am on 9 July 2005. I direct that the offender is to be released on parole at the expiration of the non-parole period imposed in respect of the second set of offences. 5 I order that the offender pay the plaintiff's costs.