Prothonotary of the Supreme Court of New South Wales v Mallegowda [2016] NSWSC 1087

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Mallegowda [2016] NSWSC 1087 Hearing dates: 18 November 2015; 18, 29 February 2016; 27 April 2016. Decision date: 09 August 2016 Jurisdiction: Common Law Before: Adams J Decision: 1. The contemnor, Shashikanth Mallegowda, is sentenced to a term of imprisonment of 9 months. Execution of the sentence is suspended from 9 August 2016. The court has directed that the contemnor be released from custody on condition that he enters into a good behaviour bond under Section 12 of the Crimes (Sentencing Procedures) Act 1999 for a term of 9 months.

2. The contemnor is to pay the costs of the plaintiff. Catchwords: CRIMINAL LAW – sentence – contempt of court – threatening a witness – plea of guilty Legislation Cited: Crimes (Sentencing Procedures) Act 1999 (NSW), ss 12, 22 Crimes Act 1900 (NSW), ss 322, 323 Mental Health (Forensic Provisions) Act, s 32 Supreme Court Rules 1970, Part 55 Rule 13 Cases Cited: Blackstock v R [2013] NSWCCA 172 Engert (1995) 84 A Crim R 67 Prothonotary of the Supreme Court of New South Wales v Chan (No 15) [2015] NSWSC 1177 R v Abdallah; In the matter of John Leger [2014] NSWSC 320 R v Burton [2008] NSWCCA 128 R v Smith (1991) 25 NSWLR 1 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383; 115 A Crim R 104 Warby v The Queen (2007) 171 A Crim R 575; [2007] NSWCCA 173 Category: Sentence Parties: Prothonotary of the Supreme Court of New South Wales (plaintiff) Shashikanth Mallegowda (contemnor) Representation: Counsel: N Adams SC/ B Baker (plaintiff) M Ramage QC (contemnor)