Doe v Dowling [2017] NSWSC 1037

Supreme Court New South Wales

Medium Neutral Citation: Doe v Dowling [2017] NSWSC 1037 Hearing dates: 21 July 2017 Date of orders: 10 August 2017 Decision date: 10 August 2017 Jurisdiction: Common Law Before: Harrison J Decision: Sentenced to a fixed term of imprisonment of four months commencing on 10 August 2017 and expiring on 9 December 2017. Catchwords: CRIMINAL LAW – sentence – contempt of court – where contemnor did not appear at sentencing proceedings – where contemnor deliberately and enthusiastically disobeyed court orders – whether the contemnor's culpability is reduced because the orders are liable to be set aside – where contemnor has sought to receive a benefit from the contempt – where contemnor has not expressed any contrition or remorse – where contemnor has provided no evidence regarding personal circumstances or mitigating factors – whether there is a substantial need to deter the contemnor and others of like mind Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1998] HCA 46 ASIC v Matthews [2009] NSWSC 285 Commissioner for Fair Trading v Partridge [2006] NSWSC 478 Commonwealth Bank of Australia v Kenney [No 2] [2016] WASC 415 Doe v Dowling [2017] NSWSC 202 Hinch v A-G [1987] VR 721 Munsie v Dowling [2014] NSWSC 962. Munsie v Dowling (No 2) [2014] NSWSC 1042 Principal Registrar of the Supreme Court of NSW v Jando (2001) 53 NSWLR 527; [2001] NSWSC 969 Prothonotary of Supreme Court of New South Wales v Ceren [2016] NSWSC 1187 Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309 Rumble v Liverpool Plains Shire Council (2015) 90 NSWLR 506; [2015] NSWCA 125 Thunder Studios Inc (California) v Kazal (No 2) [2017] FCA 202 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Category: Principal judgment Parties: Jane Doe 1 (First plaintiff) Jane Doe 2 (Second plaintiff) Shane Dowling (Defendant) Representation: Counsel: K P Smark SC (Plaintiff)