Callanan v Attendee X

Case [2013] QSC 340

SUPREME COURT OF QUEENSLAND

CITATION:

Callanan v Attendee X [2013] QSC 340

PARTIES:

JOHN DAVID CALLANAN
(applicant)
v
ATTENDEE X
(respondent)

FILE NO:

BS 11457 of 2013

DIVISION:

Trial Division

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

12 December 2013

DELIVERED AT:

Brisbane

HEARING DATE:

5 and 12 December 2013

JUDGE:

Applegarth J

ORDER:

1.   I am satisfied beyond reasonable doubt that the respondent was in contempt of the presiding officer in that he refused to take an oath in the circumstances stated in the Certificate of Contempt of the applicant dated 27 November 2013;

2.   I order that the respondent be imprisoned for a term of 28 days from 12 December 2013;

3.   I direct that the originating application, the Certificate of Contempt, the affidavits filed herein, the outlines of submissions and any exhibits be placed in an envelope, which is to be sealed and marked not to be opened without an order of the Court.

CATCHWORDS:

CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE AUTHORITIES – QUEENSLAND – where the applicant sought an order that the respondent be committed to prison or otherwise punished for contempt – where the Crime and Misconduct Commission was authorised to hold investigative hearings in relation to criminal activity – where respondent was required to attend hearing – where respondent attended hearing with legal representative – where respondent failed to take the oath – where the applicant issued a certificate of contempt against the respondent pursuant to s 199(2) of the Crime and Misconduct Act – where contempt not contested and is proven – where legislation mandates that the Court must punish the person in contempt by imprisonment to be served wholly in a corrective services facility – assessment of appropriate term of imprisonment - whether the term of imprisonment to be imposed on the respondent  will be served in solitary confinement – whether the punishment should take account of the fact that imprisonment will be served in solitary confinement

Crime and Misconduct Act 2001 (Qld), s55A, s176, s198, s199

Allbeury v Corruption and Crime Commission (2012) 220 A Crim R 372, cited
Callanan v F, Byrne SJA, unreported 16 February 2010, considered
Callanan v Witness J, unreported, Dalton J, 19 November 2013, considered
O’Connor v Witness G [2013] QSC 281, considered
R v Abbott unreported, Court of Appeal CA No 344 of 1998, 13 April 1999, cited
R v Brady (2005) 92 SASR 135, cited
R v Guthorie [2002] QCA 509, cited
R v Phillips and Wallgrove [2008] QCA 284, cited
R v Allingham, Landsdowne, Marshall and Booth [1994] QCA 433, cited
R v Pope; ex parte Attorney-General (Qld) [1996] QCA 318, cited
R v RAL [2012] QCA 34, cited
Wood v Staunton (No 5) (1996) 86 A Crim R 183, considered
York v The Queen (2005) 225 CLR 466, considered

COUNSEL:

M J Copley QC for the applicant
G M Maguire for the respondent

SOLICITORS:

Official Solicitor, Crime and…

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Callanan v Attendee X [2013] QSC 340
Case
[2013] QSC 340
Decision Date

CaseChat Overview and Summary

In the matter of Callanan v Attendee X, the applicant, the Crime and Misconduct Commission, sought an order that the respondent be committed to prison or otherwise punished for contempt. The respondent had been required to attend a hearing before the Commission, which was authorised to hold investigative hearings in relation to criminal activity. The respondent attended the hearing with a legal representative but failed to take the oath. The applicant issued a certificate of contempt against the respondent pursuant to s 199(2) of the Crime and Misconduct Act. The contempt was not contested and was proven.

The legal issues before the court were whether the term of imprisonment to be imposed on the respondent would be served in solitary confinement and whether the punishment should take account of the fact that imprisonment would be served in solitary confinement. The court held that the respondent was in contempt of the presiding officer in that he refused to take an oath in the circumstances stated in the Certificate of Contempt of the applicant. The court ordered that the respondent be imprisoned for a term of 28 days from 12 December 2013. The court also directed that the originating application, the Certificate of Contempt, the affidavits filed herein, the outlines of submissions and any exhibits be placed in an envelope, which is to be sealed and marked not to be opened without an order of the Court.

No further orders were made.

Orders

Orders of the court

1. I am satisfied beyond reasonable doubt that the respondent was in contempt of the presiding officer in that he refused to take an oath in the circumstances stated in the Certificate of Contempt of the applicant dated 27 November 2013;

2. I order that the respondent be imprisoned for a term of 28 days from 12 December 2013;

3. I direct that the originating application, the Certificate of Contempt, the affidavits filed herein, the outlines of submissions and any exhibits be placed in an envelope, which is to be sealed and marked not to be opened without an order of the Court.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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