Hannaford (an examiner under section 46B of the Australian Crime Commission Act 2002) v HH (No 2)

The case of Hannaford (an examiner under section 46B of the Australian Crime Commission Act 2002) v HH (No 2) involved the sentencing of the respondent for contempt of the Australian Crime Commission (ACC). The respondent had pleaded guilty to refusing to answer questions posed by the examiner, which related to criminal activities being investigated by the ACC. The Federal Court was tasked with determining an appropriate sentence for this contempt.

The key legal issues before the court were the relevant objectives and guidelines for sentencing for contempt of the ACC, and whether the Crimes Act 1914 (Cth) applied to contempt of the ACC. The court also had to consider the appropriate range or starting point for a term of imprisonment, and the relevant factors to take into account in sentencing the respondent.

The court held that the relevant objectives and guidelines for sentencing for contempt of the ACC were those set out in the Crimes Act 1914 (Cth). The court noted that the respondent had already been sentenced for other offences and was currently serving a sentence of 37 months. The court also found that the respondent's contempt was serious, as it involved refusing to answer questions relating to criminal activities being investigated by the ACC. The court took into account the respondent's previous good character and the fact that he had already been in custody for some time. Ultimately, the court sentenced the respondent to a further two months imprisonment for contempt of the ACC, to commence on 23 January 2013.

The final orders of the court were that the respondent, [HH], was to be sentenced to imprisonment for a term of two months for contempt of the Australian Crime Commission pursuant to s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth), such sentence to commence on 23 January 2013.