He v Sun

This appeal concerned a finding of criminal contempt against the appellant, Xin He, for contumacious disregard of court orders. The sentencing judge had imposed a sentence of six weeks' imprisonment. The appeal was heard by Bell P, Gleeson and McCallum JJA in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the sentencing judge erred in failing to consider the possibility of suspending the sentence for criminal contempt, whether the sentence imposed was manifestly excessive, and whether the Supreme Court possessed the power to suspend a sentence for criminal contempt within its civil jurisdiction.

The Court of Appeal dismissed the appeal, finding no error in the sentencing judge's decision. The Court affirmed that the sentencing judge had properly considered all relevant factors and that the sentence of six weeks' imprisonment was not manifestly excessive. The Court also confirmed the Supreme Court's power to suspend sentences for criminal contempt. Consequently, the Court ordered the dissolution of a stay of orders previously made and directed that a warrant issue for the committal of the appellant to a correctional centre for the term of six weeks, to be executed forthwith.