Al Muderis v Duncan (No 5) [2019] NSWSC 461

Supreme Court New South Wales

Medium Neutral Citation: Al Muderis v Duncan (No 5) [2019] NSWSC 461 Hearing dates: 14 June 2018 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Common Law Before: Rothman J Decision: (1) In relation to Counts 1, 2, 3, 6, 7, 8 and 9 of the Statement of Charge in these proceedings, a conviction for criminal contempt is recorded in relation to each such Count; (2) A bench warrant for the arrest of Gerardo Mazzella (aka Gerard Duncan) shall issue for the arrest of the aforesaid Gerardo Mazzella (aka Gerard Duncan) to be detained and removed, as soon as practicable, to the Supreme Court for sentence; (3) The Court imposes a fine of $40,000 on the aforesaid Gerardo Mazzella (aka Gerard Duncan), payable forthwith; (4) The second defendant/contemnor, Gerardo Mazzella (aka Gerard Duncan), shall pay the Prosecutor's/Plaintiff's costs of and incidental to the contempt proceedings, including proceedings on sentence, on an indemnity basis. Catchwords: CONTEMPT – guilt established in previous judgment – opportunity given to contemnor to make submissions on sentence – no submissions made – sentence for criminal contempt derived – not imposed because of absence of contemnor – bench warrant issued – fine imposed for civil contempt Legislation Cited: Supreme Court Rules 1970 (NSW), Part 55, Rule 13 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 25, 47 Category: Sentence Parties: Munjed Al Muderis (Plaintiff) Rodney Duncan (First Defendant) Gerardo Mazzella (Second Defendant) Representation: Counsel: Ms Michelle Rabsch (Plaintiff)