Prothonotary of the Supreme Court of New South Wales v Rakete [2010] NSWSC 665

Reported Decision : 202 A Crim R 117

New South Wales Supreme Court

CITATION : Prothonotary of the Supreme Court of New South Wales v Rakete [2010] NSWSC 665

HEARING DATE(S) : 17 June 2010

JUDGMENT DATE : 25 June 2010

JUDGMENT OF : Harrison J

CATCHWORDS : SENTENCE - contempt – where defendant filmed witness giving evidence at a criminal trial - defendant guilty of performing an act that had a tendency to interfere with the administration of justice – considerations relevant to punishment – Part 55 rule 13 SCR – custodial sentence not warranted – no order as to costs

Criminal Procedure Act 1986 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Legal Profession Act 2004

CATEGORY : Sentence

Commissioner of Fair Trading, Department of Commerce v Jenness [2007] NSWSC 439 Commissioner for Fair Trading v Partridge [2006] NSWSC 478 Director of Public Prosecutions (Cth) v Elisabeth Sexton [2008] NSWSC 352 European Asian Bank AG v Wentworth (1986) 5 NSWLR 445 Her Majesty's Attorney-General in and for the State of New South Wales v Whiley (1993) 31 NSWLR 314 Nuclear Utility Technology & Environmental Corporation Inc v Australian Broadcasting Corporation [2009] NSWSC 78 CASES CITED : Principal Registrar of the Supreme Court of New South Wales v Jando [2001] NSWSC 969; (2001) 53 NSWLR 527 Prothonotary of the Supreme Court of New South Wales v Hall [2008] NSWSC 994 Prothonotary of the Supreme Court of New South Wales v Rakete [2010] NSWSC 5 R v Razzak [2006] NSWSC 1366; (2006) 166 A Crim R 132 Regina v Omar Rustom [2005] NSWSC 61 Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 Wood v Staunton (No 5) (1996) 86 A Crim R 183