Callanan v Attendee Y - [2013] QSC 341

SUPREME COURT OF QUEENSLAND

CITATION:

Callanan v Attendee Y [2013] QSC 341

PARTIES:

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

FILE NO:

BS 11458 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
M W Harrison for the respondent

SOLICITORS:

Official Solicitor, Crime and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Callanan v Attendee Y

Details

AGLC: Callanan v Attendee Y [2013] QSC 341
Case: [2013] QSC 341
Decision Date: 12 December 2013

CaseChat Overview and Summary

Callanan v Attendee Y involved the applicant, Callanan, seeking an order that the respondent, Attendee Y, be committed to prison or otherwise punished for contempt. The respondent was required to attend a hearing held by the Crime and Misconduct Commission (CMC), an authority in Queensland empowered to conduct investigative hearings about criminal activity. Despite attending the hearing with legal representation, the respondent refused to take the oath, leading to the issuance of a certificate of contempt by Callanan. The respondent did not contest the contempt, and the court found the contempt to be proven. The dispute centred on the appropriate term of imprisonment and whether it should be served in solitary confinement, as mandated by the Crime and Misconduct Act.

The court was required to determine the appropriate punishment for the respondent's contempt, specifically whether the imprisonment term should account for the fact that it would be served in solitary confinement. The Act mandated that the court must punish the person in contempt by imprisonment to be served wholly in a corrective services facility. The court also had to consider the respondent's refusal to take the oath and the impact of solitary confinement on the term of imprisonment.

The court found the respondent in contempt of the presiding officer for refusing to take the oath. The court ordered that the respondent be imprisoned for 28 days, starting from 12 December 2013. The court considered the seriousness of the contempt and the legislative mandate for solitary confinement in determining the term of imprisonment. The court also sealed the application documents and related materials, directing that they be opened only with a court order.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Callanan v Attendee Y [2013] QSC 341
PARTIES:	JOHN DAVID CALLANAN (applicant) v ATTENDEE Y (respondent)
FILE NO:	BS 11458 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 M W Harrison for the respondent
SOLICITORS:	Official Solicitor, Crime and…