Jenkins v Todd [2016] NTSC 21
PARTIES:JENKINS, Trevor
v
TODD, Walter
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING APPELLATE JURISDICTION
FILE NO:JA 10 of 2015 (21425645)
DELIVERED: 20 APRIL 2016
HEARING DATES: 31 MARCH 2016, 8 APRIL 2016 and 14 APRIL 2016
JUDGMENT OF: KELLY J
CATCHWORDS:
CONTEMPT OF COURT – Criminal proceedings – Contempt in the face of the Court – Failure to adhere to directions of presiding Judge – Continuous interruption, failure to cease speaking and speaking over the presiding Judge – Whether contempt in that such actions interfered or tended to interfere with course of justice - Contempt found
Supreme Court Rules 2013 (NT) r 75.06
Balogh v Crown Court at St Albans [1975] 2 QB 114; Jenkins v Todd [2016] NTSC 4; Kyprianou v Cyprus (2007) 44 EHRR 27; Muirhead v Douglas [1981] Crim LR 781; R v Jales Brian [2007] EWCA Civ 393; Re Dakin (1887) 13 VLR 522, referred to
Grassby v The Queen (1989) 168 CLR 1; Witham v Holloway (1995) 183 CLR 525, applied
Ex Parte Tuckerman Re Nash [1970] 3 NSWR 23; Lewis v Ogden (1984) 153 CLR 682; Morris v Crown Office [1970] 2 QB 114; Parashuram Detaram Shamdasani v King-Emperor (1945) AC 264; R v Clement (1821) 4 B & Ald 218; 106 ER 918; R v Davison (1821) 4 B & Ald 329; 106 ER 958; R v Dunbabin & Anor, Ex Parte Williams (1935) 53 CLR 434; Registrar of Court of Appeal v Collins [1982] 1 NSWLR 682, cited
REPRESENTATION:
Counsel:
Applicant:G Macdonald
Respondent: Self-represented
Solicitors:
Applicant:Solicitor for the Northern Territory
Respondent:
Judgment category classification: B
Judgment ID Number: KEL 16006
Number of pages: 59
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINJenkins v Todd [2016] NTSC 21
No. JA 10 of 2015 (21425645)
BETWEEN:
TREVOR JENKINS
Appellant
AND:
WALTER TODD
Respondent
CORAM: KELLY J
REASONS FOR JUDGMENT
(Delivered 20 April 2016)
Part A- Background
[1]On 29 May 2014 Mr Jenkins forced his way past security guards at Parliament House and into the Northern Territory Literary Awards, a private function to which he had not been invited. Police were called and Mr Jenkins was arrested and charged with trespass (count 1), assaulting a security guard (count 2) and resisting a member of the police force in the execution of his duty (count 3).
[2]He was found guilty of all charges in the Court of Summary Jurisdiction, convicted and sentenced to 50 hours of community work (with a $150 victim assistance levy) for the trespass offence, convicted and sentenced to 50 hours of community work (with $150 victim assistance levy) for resisting police, and for the assault, he was convicted and sentenced to 26 days imprisonment, backdated by 26 days to reflect time spent in custody on remand.
[3]Mr Jenkins appealed against his conviction. The appeal was heard by Barr J…
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