Mahaffy v Mahaffy [2018] NSWCA 42

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mahaffy v Mahaffy [2018] NSWCA 42 Hearing dates: 7 April 2017; 19 May 2017; 24 July 2017; 15 August 2017 Decision date: 14 March 2018 Before: Simpson JA at [1]; Payne JA at [245]; Emmett AJA at [283] Decision: (1) Appeal against conviction allowed in part;

(2) Convictions in relation to counts 1, 5, 6, 8 and 13 are set aside;

(3) Appeal against sentence allowed. Set aside the sentence imposed by the primary judge and in lieu thereof:

(a) Sentence the appellant to 4 months imprisonment commencing on 18 December 2015.

(4) Set aside the costs order made by the primary judge for the costs of the trial and in lieu thereof order:

(a) each party pay their own costs of the trial.

(5) Each party pay their own costs of the appeal. Catchwords: CONTEMPT – applicable principles – nature of contempt alleged to be specified – proof beyond reasonable doubt – disobedience of court orders – orders must be unambiguous – must be wilful, not casual, accidental or unintentional

CONTEMPT – scandalising the court – interference with the course of justice – relevant considerations – protection of administration of justice – right to criticise courts and their decisions – scurrilous abuse

CONTEMPT – whether failure of accused to give evidence available in determination of guilt – where relevant facts peculiarly in knowledge of the accused

CONTEMPT – failure – non-compliance with costs order against company – whether sole director may be liable in contempt for failure to cause company to pay – whether company impecunious and unable to pay