Prothonotary of Supreme Court of New South Wales v Nicholas Luke McCaffery [2005] NSWSC 1237

New South Wales Supreme Court

CITATION : Prothonotary of Supreme Court of New South Wales v Nicholas Luke McCaffery [2005] NSWSC 1237

HEARING DATE(S) : 16 June, 12 August, 18 October 2005

JUDGMENT DATE : 3 November 2005

JUDGMENT OF : Latham J

DECISION : On charges 1 to 4 of the Statement of Charge annexed to the summons in proceedings 13397/2004, on each charge the defendant is sentenced to nine months' imprisonment comprised of a non-parole period of six months; the balance of the term is three months; On charges 5 to 12 of the Statement of Charge the defendant is sentenced to ten months' imprisonment on each charge, with a non-parole period of five months; On charges 13 to 29 of the Statement of Charge the defendant is sentenced to 12 months' imprisonment on each charge, with a non-parole period of six months ; Pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999, the sentences of imprisonment are suspended subject to the defendant entering bonds under s 12 for the terms of those sentences ; The defendant is to pay the plaintiff's costs in these proceedings.

CATCHWORDS : Sentence only - contempt of court - appearances as barrister whilst not the holder of a current practising certificate.

Legal Profession Act 1987 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSW CA 470; Registrar of the Court of Appeal v Maniam (No.2) (1992) 26 NSWLR 309; Wood v Galea (No. 1) (1995) 79 A Crim R 567; CASES CITED : Commissioner For Fair Trading v Oliver [2004] NSWSC 722; Registrar In Equity v Froome [2001] NSWSC 1029; Pelechowski v Registrar of the Court of Appeal (NSW) (1999) 198 CLR 435.