NSW Caselaw
New South Wales Supreme Court
CITATION : COMMISSIONER OF FAIR TRADING, DEPARTMENT OF COMMERCE v JENNESS [2007] NSWSC 439 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 5.2.07, 9.2.07, 13.2.07, 1.3.07, 9.3.07, 27.4.07, 4.5.07
JUDGMENT DATE : 4 May 2007
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : In respect of the charge of contempt, the offender is sentenced to a non-parole period of four months to commence on 11 May 2007 and to expire on 10 September 2007, with a balance of term of two months to expire on 10 November 2007. I direct that the above sentence be served by way of periodic detention. I note that the offender has been assessed as suitable for periodic detention and has signed the requisite undertaking pursuant to s.66(1)(f) of the Crimes (Sentencing Procedure) Act 1999. I direct the offender to report to Parramatta Periodic Detention Centre on Friday 11 May 2007 at a time to be advised by Sutherland Probation and Parole Service. I order that the offender pay the plaintiff's costs.
CATCHWORDS : CRIMINAL LAW – SENTENCING – Contempt of court – Defendant carried on business of a motor vehicle repairer in contravention of Court Order – Pre-sentence report – Assessment of subjective factors – Imposition of sentence
Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2001 (NSW) LEGISLATION CITED : Crimes Legislation Amendment (Periodic & Home Detention) Act 2002 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Motor Vehicle Repairs Act 1980 (NSW)
Commissioner for Fair Trading v Elasaad [2005] NSWSC 414 Commissioner for Fair Trading v Oliver [2004] NSWSC 732 CASES CITED : Commissioner for Fair Trading v Partridge [2006] NSWSC 478 Department of Fair Trading v O'Keefe [2002] NSWSC 398 Director General, Department of Fair Trading v Yang (2002) 132 A Crim R 438 Manian (No 2) (1992) 26 NSWLR 309
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