Offences against public justice are serious crimes that can undermine the administration of justice and the public’s trust in the legal system. These offences include a wide range of acts, such as perjury, contempt of court, interfering with witnesses, and perverting the course of justice.
If you have been charged with an offence against public justice, it is important to seek legal advice immediately. A conviction for these types of offences can have serious consequences on your life and reputation, including imprisonment, a criminal record, and difficulty finding employment.
Jackson John Defence Lawyers is a leading criminal defence law firm with extensive experience in defending clients charged with offences against public justice. We understand the seriousness of these charges and we will work tirelessly to protect your rights and interests.
Contempt of court is any act that disrespects or interferes with the administration of justice. It can be committed inside or outside the courtroom, and by anyone, including lawyers, judges, witnesses, and the public. If you have been charged with contempt of court, contact our team at Jackson John Defence Lawyers for expert guidance on your best way forward.
The Law
Under section 24 of the Local Court Act 2007 (NSW) and section 199 of the District Court Act 1973 (NSW), contempt of court is a criminal offence which carries a maximum penalty of 28 days imprisonment and/or a fine of 20 penalty units. The Supreme Court Act 1970 (NSW) and Part 55 of the Supreme Court Rules also gives all divisions of the Supreme Court the power to punish individuals for contempt of court.
Understanding Contempt of Court
Contempt of court is an act that could harm the Court’s authority, performance, or dignity, or the authority of those who participate in court proceedings.
The following actions have been found to be contempt of court:
A contempt charge should only be used as a last resort to deal with people who are behaving badly in the courtroom. In the case of Keeley v Brooking, the Court stated that the charge of contempt of court should rarely be resorted to except in those exceptional cases where the conduct is such that “it cannot wait to be punished” because it is “urgent and imperative to act immediately” to preserve the integrity of a “trial in progress or about to start.”
All other options should be tried before a formal charge is brought.
These options include:
What Must be Proven?
To convict someone of contempt of court, the Prosecution must prove beyond reasonable doubt that:
In other words, the Prosecution must prove that the accused’s conduct was likely to harm the Court’s ability to function properly, and that the accused meant to do so.
Importantly, the Prosecution does not need to prove that the accused actually interfered with the Court, or that they intended to interfere with the administration of justice in a specific way. It is sufficient to prove that the accused intended to do an act, which, in the eyes of a reasonable person, had the tendency to interfere with the administration of justice. This is known as an objective test, meaning that the accused’s subjective reasons for their conduct are not relevant.
What are the Penalties?
The maximum penalty for contempt of court is 28 days imprisonment and/or a fine of up to 20 penalty units. Each penalty unit is $110. This offence includes a wide spectrum of offending conduct. As such, the type of penalties vary greatly. The Court may consider sentencing you to one or more of the following:
There are three types of section 10 penalties, including:
A section 10(1)(a) bond is a finding of guilt, but the Court does not record a conviction. A bond such as this is usually only given where you have a clear criminal and/or driving record, your offending behaviour is minor, there is little chance of you offending again, and there were mitigating factors that led to the offending. Even if these facts apply to your case, there is no guarantee you will get this type of penalty. However, cogent subjective material and robust submissions on your behalf can be very persuasive to the Court.
A section 10(1)(c) bond involves a finding of guilt, a conviction is recorded, and you can be referred to an intervention program.
A section 10A penalty involves a finding of guilt and a conviction is recorded, but no further action is taken.
CRO
A CCO is another type of sentence which allows you to remain in the community, but you are supervised by Community Corrections. It typically involves more onerous conditions than a CRO and you will receive a conviction. If you breach a CCO, you will be brought before the Magistrate that sentenced you and potentially be re-sentenced to a more serious penalty.
If the Court is satisfied that imprisonment is warranted, it can order that you serve the term of imprisonment in the community while subject to the supervision of Community Corrections and conditions such as community service, curfew, or rehabilitation. If you breach an ICO, the Parole Board will determine whether to order you serve the remainder of the period in full-time custody. This is because an ICO is a sentence of imprisonment ordered to be served in the community.
This offence carries maximum penalty of 28 days imprisonment, depending on the factual circumstances of the offending. However, full-time imprisonment is only reserved for the most serious matters.
What are the Possible Defences?
The law states that:
and the conduct is a reasonable response in the circumstances as he or she perceives them.
Once self-defence is raised, the onus lies with the Prosecution to negative self-defence beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting in self-defence. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
Duress involves circumstances where you have been forced to commit a crime against your will, whether it be by way of threat, intimidation, or some other form of coercion. The threat must be so serious that it would have caused an ordinary person of like firmness in your situation to act in the same way. Furthermore, the threat must be the operative cause of your actions. In other words, if you are not worried about the threat at the time of the commission of the offence, or some other factor influences your decision to commit the crime, duress may not be established. Finally, the threat must be continuing. What this means is that if there is an opportunity at some point for you to obviate the threat, by reporting it to the police for example, duress may not be accepted.
Once duress is raised, the onus lies with the Prosecution to negative duress beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting in duress. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
For necessity to be established, the following must exist at the time of the commission of the offence:
As is the case with self-defence, the onus lies with the Prosecution to negative necessity beyond reasonable doubt. In other words, it is encumbent upon the Prosecution to eliminate any reasonable possibility that you were acting out of necessity. In considering this question, the evidence should be taken at its highest in favour of the accused. It is not essential that there be evidence from you as to your beliefs and perceptions, but it must be raised fairly on the evidence.
Why Jackson John Defence Lawyers?
Our team at Jackson John Defence Lawyers has extensive experience in defending clients charged with contempt of court. We understand the serious consequences that a conviction can have on your life and reputation, and we will work tirelessly to protect your rights and interests.
If you have been charged with contempt of court, do not hesitate to contact Jackson John Defence Lawyers today. We will provide you with the expert legal representation you need to protect your rights and interests.
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In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
