NSW Caselaw
New South Wales Supreme Court
CITATION : Prothonotary of the Supreme Court of New South Wales v Hall [2008] NSWSC 994
HEARING DATE(S) : 22 September 2008
JUDGMENT DATE : 22 September 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison J
EX TEMPORE JUDGMENT DATE : 22 September 2008
1. Declaration as sought in par [1] of the summons. DECISION : 2. Defendant sentenced until the rising of the Court. 3. No order as to costs.
CATCHWORDS : CONTEMPT – offensive language directed to magistrate in the course of refusal of a bail application – defendant suffering the effects of drug withdrawal superimposed on personality disorder with self-harming tendencies – defendant substantially disinhibited by the effects of diazepam administered whilst in custody – contrition and remorse demonstrated by unreserved apology to the Court and to the magistrate – declaration that defendant guilty of contempt – sentenced until the rising of the Court
LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999
CATEGORY : Principal judgment
Attorney General in and for the State of New South Wales v Whiley (1993) 31 NSWLR 314 Australian Consolidated Press Ltd v Morgan [1965] HCA 21; (1965) 112 CLR 483 Coleman v Power [2004] HCA 39; (2004) 220 CLR 1 Commissioner for Fair Trading v Partridge [2006] NSWSC 478 Commissioner of Fair Trading, Department of Commerce v Jenness [2007] NSWSC 439 Ex parte Bellanto; Re Prior [1963] SR (NSW) 190 Ferguson v Walkley [2008] VSC 7 Lewis v Ogden [1984] HCA 26; (1984) 153 CLR 682 CASES CITED : Principal Registrar of Supreme Court of NSW v Jando [2001] NSWSC 969; (2001) 53 NSWLR 527 Prothonotary of the Supreme Court v Smiley (Supreme Court of New South Wales, Simpson J, 8 March 2005, unreported) R v Hernando [2002] NSWCCA 489; (2002) 136 A Crim R 451 R v Razzak [2006] NSWSC 1366; (2006) 166 A Crim R 132 R v Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 Registrar of the Supreme Court of South Australia v Moore-McQuillan [2007] SASC 477 Smith v The Queen (1991) 25 NSWLR 1 Wood v Staunton (No 5) (1996) 86 A Crim R 183
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