Prothonotary of the Supreme Court of New South Wales v Rakete [2010] NSWSC 5

New South Wales Supreme Court

CITATION : Prothonotary of the Supreme Court of New South Wales v Rakete [2010] NSWSC 5

HEARING DATE(S) : 7 December 2009

JUDGMENT DATE : 14 January 2010

JUDGMENT OF : Harrison J

DECISION : 1. I find the defendant Te Rana Rakete not guilty of contempt on the first charge. 2. I find the defendant Te Rana Rakete guilty of contempt on the second charge in that I am satisfied beyond reasonable doubt that he performed an act that had a tendency to interfere with the administration of justice

CATCHWORDS : CONTEMPT – where defendant admitted using a camera to film a witness in court giving evidence in a criminal trial before a judge and jury – where defendant charged with two counts of contempt – whether defendant did an act with the intention of interfering with the administration of justice or in a manner that had a tendency to do so – charges to be proved in accordance with the criminal standard – defendant not guilty of the first charge but guilty of the second charge

CATEGORY : Principal judgment

Harkianakis v Skalkos (1997) 42 NSWLR 22 Lane v The Registrar of the Supreme Court of New South Wales (Equity Division) [1981] HCA 35; (1981) 148 CLR 245 CASES CITED : Parashuram Detaram Shamdasani v King-Emperor [1945] AC 264 The Registrar v Unnamed Respondent (Supreme Court of the Australian Capital Territory, Miles CJ, 16 March 1994, unreported) Y and Z v W [2007] NSWCA 329; (2007) 70 NSWLR 377

PARTIES : Prothonotary of the Supreme Court of New South Wales (Plaintiff) Te Rana Rakete (Defendant)

FILE NUMBER(S) : SC 2009 / 12446

COUNSEL : L Babb SC with A Mitchelmore (Plaintiff) L Wells SC (Defendant)