Callanan v Attendee X

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.