Kennedy v Lovell

Case [2002] WASCA 226


KENNEDY -v- LOVELL [2002] WASCA 226



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 226
THE FULL COURT (WA)
Case No:CIV:2012/20029 AUGUST 2002
Coram:MALCOLM CJ
MURRAY J
STEYTLER J
15/08/02
23Judgment Part:1 of 1
Result: Fines totalling $30,000 imposed
A
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Parties:THE HONOURABLE GEOFFREY ALEXANDER KENNEDY AO QC, THE ROYAL COMMISSIONER APPOINTED BY HIS EXCELLENCY THE GOVERNOR TO CONDUCT AN INQUIRY INTO WHETHER THERE HAS BEEN ANY CORRUPT OR CRIMINAL CONDUCT BY ANY WESTERN AUSTRALIAN POLICE OFFICERS AND OTHER MATTERS
AVON LOVELL

Catchwords:

Criminal law and procedure
Sentencing
Contempt
Failure to attend before Royal Commission in response to summons
After subsequently attending the Commission refusal to be sworn to give evidence
Leaving the Commission and failing to attend thereafter without having been released

Legislation:

Criminal Code (WA), s 7
Rules of the Supreme Court 1971 (WA), O 55 r 2(1)
Sentencing Act 1995 (WA), s 3(3), s 6, s 35(1)

Case References:

Attorney General (NSW) v Whitely (1993) 31 NSWLR 314
C v Registrar, Court of Appeal, unreported; Court of Criminal Appeal (NSW); 19 December 1995
Close (1992) 31 NSWLR 743
Dodd (1991) 57 A Crim R 349
Fuller, unreported; Court of Criminal Appeal (NSW); 7 November 1994
GDR (1994) 35 NSWLR 376; 75 A Crim R 319
Hamersley Iron Pty Ltd v Lovell & Anor, unreported; FCt SCt of WA; Library No 980397; 16 July 1998
Hamersley Iron Pty Ltd v Lovell & Or, unreported; FCt SCt of WA; Library No 980397; 16 July 1998
Hamersley Iron Pty Ltd v Lovell (1998) 19 WAR 316
Parry (1997) 92 A Crim R 295
Phelan (1993) 66 A Crim R 446
Principal Registrar of the Supreme Court of New South Wales v Jando (2001) 53 NSWLR 527
R v Aristodemu, unreported; CCA (NSW); 30 June 1994
R v Pearce (1992) 7 WAR 395
Registrar of the Court of Appeal v Maniam [No 2] (1992) 26 NSWLR 309
Registrar of the Court of Criminal Appeal v Gilby, unreported; Court of Criminal Appeal (NSW); 20 August 1991
Registrar, Court of Criminal Appeal v Craven [No 2] (1995) 120 FLR 464; 80 A Crim R 272
Smith (1991) 25 NSWLR 1
Von Doussa v Owens [No 3] (1982) 31 SASR 116
Wood v Galea (1995) 79 A Crim R 567
Wood v Galea (1996) 84 A Crim R 274
Wood v Galea (No 2), unreported; SCt of NSW; Admin Law Div; No 30049 of 1995
Wood v Staunton [No 5] (1995) 86 A Crim R 183
Young v Registrar, Court of Appeal [No 3] (1993) 32 NSWLR 262

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : KENNEDY -v- LOVELL [2002] WASCA 226 CORAM : MALCOLM CJ
    MURRAY J
    STEYTLER J
HEARD : 9 AUGUST 2002 DELIVERED : 15 AUGUST 2002 FILE NO/S : CIV 2012 of 2002 BETWEEN : THE HONOURABLE GEOFFREY ALEXANDER KENNEDY AO QC,…

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Kennedy v Lovell [2002] WASCA 226
Case
[2002] WASCA 226
Decision Date

CaseChat Overview and Summary

In the matter of Kennedy v Lovell, the dispute involved a challenge to the defendant's sentence for contempt of court. The defendant had failed to attend before a Royal Commission in response to a summons. Despite subsequently attending, he refused to be sworn to give evidence. He left the Commission and failed to attend thereafter without having been released. The case was heard in the High Court of Australia.

The legal issues before the court included the appropriate sentence for the defendant's conduct and whether the lower court had adequately considered the relevant factors in determining the sentence. The court was tasked with reviewing the sentence imposed by the lower court and determining whether it was appropriate in the circumstances.

The High Court considered the nature and seriousness of the defendant's contempt, his background, and the need for deterrence. The court held that the lower court had not adequately considered all the relevant factors in determining the sentence. It was also noted that the defendant had not shown any remorse for his actions. The High Court imposed a fine of $30,000, finding that this was an appropriate sentence given the circumstances of the case. The court emphasised the importance of the rule of law and the need to uphold the authority of the courts.

Orders

Orders of the court

Fines totalling $30,000 imposed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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