Prothonotary of the Supreme Court of New South Wales v Ceren [2016] NSWSC 1187

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Ceren [2016] NSWSC 1187 Hearing dates: 23 August 2016 Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Common Law Before: Harrison J Decision: Order pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 that Meryem Ozlem Ceren enter into a good behaviour bond for a period of 12 months commencing on 2 September 2016 and expiring on 1 September 2017 upon the following conditions:

(1) to appear before the Court if called on to do so at any time during the term of the bond.

(2) to be of good behaviour.

(3) to inform the Registrar or clerk of the court by which this bond is imposed of any change of her residential address. Catchwords: CONTEMPT – refusal to give evidence when called as a witness in a criminal trial – where defendant held fears for her safety and the safety of her family – where defendant purged her contempt and explained her conduct – where strong subjective case indicated no prospect of re-offending – where imposition of a custodial sentence would be a crushing punishment in the circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 District Court Act 1973 Supreme Court Rules 1970 Cases Cited: In the matter of Reece George Barnes [2016] NSWSC 133 Principal Registrar of the Supreme Court of NSW v Jando [2001] NSWSC 969; (2001) 53 NSWLR 527 R v Metal Trades Employers Association; Ex p Amalgamated Engineering Union [1951] HCA 3; (1951) 82 CLR 208 R v Razzak [2006] NSWSC 1366; (2006) 166 A Crim R 132 R v Taber & Styman; Re Shannon Styman [2005] NSWSC 1329 R v Thomson and Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Registrar of the Court of Appeal v Gilby (unreported, NSW Court of Appeal, 20 August 1991) Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 Registrar of the Court of Appeal v Raad (unreported, NSW Court of Appeal, 9 June 1992) Trad v Pickles Auction Pty Ltd [2006] NSWSC 1177 Wood v Staunton (No 5) (1996) 86 A Crim R 183 Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales (Plaintiff) Meryem Ozlem Ceren (Defendant) Representation: Counsel: A Mitchelmore (Plaintiff) J Peluso (Defendant)