In the matter of Bauskis [2006] NSWSC 907

New South Wales Supreme Court

CITATION : In the matter of Bauskis [2006] NSWSC 907

HEARING DATE(S) : 28.7.06, 4.8.06, 23.8.06, 25.8.06, 5.9.06

JUDGMENT DATE : 5 September 2006

JURISDICTION : Common Law

JUDGMENT OF : Adams J at 1

EX TEMPORE JUDGMENT DATE : 09/05/2006

DECISION : Fixed term of fourteen days' imprisonment.

LEGISLATION CITED : Bill of Rights 1688

CASES CITED : Registrar, CA v Maniam [No 2] 26 NSWLR 309

PARTIES : John Peter BAUSKIS (Contemnor)

FILE NUMBER(S) : SC 2006/13638

COUNSEL : Mr R Cogswell SC, Crown Advocate Contemnor unrepresented

SOLICITORS : I V Knight, Crown Solicitor Contemnor unrepresented

Ex tempore - checked

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ADAMS J

TUESDAY 5 SEPTEMBER 2006

13638/06 – IN THE MATTER OF JOHN PETER BAUSKIS

JUDGMENT

1 HIS HONOUR: Sentencing in contempt proceedings was considered by the Court of Appeal in Registrar, CA v Maniam [No 2] 26 NSWLR 309. Much of the following comprises quotations or language adapted from judgment of Kirby P, with the substance of which the other members of the Court agreed. (I have omitted quotation marks and other editorial signs to make for easier reading.) The law of contempt has been fashioned by the Court to protect the administration of justice and is self-evidently of the greatest importance to society. It represents a vital part of the peaceful government of a community such as ours. Compliance with orders of the Court is essential to the proper administration of justice.

2 A conviction of contempt of Court is an offence that is criminal in nature. Punishment of the convicted contemnor must therefore take into account the considerations normally applicable to the punishment of the crime. It must also reflect the purpose of the Court's exercise of this particular, that is, the undisturbed and orderly administration of justice in the Court according to law. In determining the punishment which is apt to the circumstances which have led to a conviction of contempt, it is appropriate to bear in mind the purposes not only of punishing the contemner, but also of deterring the contemner and others in the future from committing like contempts. It is also important to denounce the wrongful conduct in an appropriately emphatic way.