NCR Australia v Credit Connection [2005] NSWSC 1118

New South Wales Supreme Court

CITATION : NCR Australia v Credit Connection [2005] NSWSC 1118

HEARING DATE(S) : 19 & 20 October 2005

JUDGMENT DATE : 11 November 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Sentence of 288 hours community service after allowing discount of ten percent for late plea of guilty.

CATCHWORDS : PROCEDURE - contempt, attachment and sequestration - range of penalties available - principles to take into account in fixing sentence - standard of proof of facts relevant to sentence - availability of imprisonment as a sentence for contempt arising from breach of orders of court in civil proceedings - principles for exercise of discretion to impose imprisonment even if contemnor has not been served with sealed order endorsed with warning that imprisonment is a possible consequence of breach - preconditions for imposition of community service order - effect of plea of guilty - sentencing for multiple contempts - EVIDENCE - burden of proof, presumptions and weight and sufficiency of evidence - standard of proof for facts relevant to sentencing for contempt of court - CRIMINAL LAW - sentencing - whether community service order able to be imposed when imprisonment not possible for that particular offender and offence, but possible for the general category of offences which the offender has committed - meaning of "part of a planned or organised criminal activity" in list of aggravating factors in section 21A Crimes (Sentencing Procedure) Act 1999

Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Crimes (Sentencing Procedure) Regulation 2005 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005