O'Connor v Op

The case of O'Connor v Op involved a respondent who was summoned to attend a hearing in relation to a major crime investigation conducted by the Crime and Corruption Commission. The respondent declined to answer questions that could potentially incriminate his parent and refused to take the oath. The legal issues that arose from this situation included whether the respondent's refusal to take the oath constituted contempt of court and whether he should be punished for this offence. The case was heard in the Supreme Court of Queensland.

The court examined whether the respondent's refusal to take the oath constituted contempt of court and whether he should be punished for this offence. The court considered the provisions of the Crime and Corruption Act 2001 (Qld), which make it an offence to fail to take an oath when required and also provide for punishment as a contempt. The court found that the respondent's conduct was a clear case of contempt of court and that he should be punished accordingly.

The Supreme Court of Queensland found that the respondent's conduct amounted to contempt of court. The court held that the respondent's refusal to take the oath when required was a clear interference with the course of justice and the administration of the law. The court sentenced the respondent to imprisonment for three months and ordered that the application, the amended application, the order of 17 December 2015, the certificate and the affidavit, along with the respective outlines of submissions and any annexures thereto and a transcript of these reasons entitled with the respondent's actual name, be placed in an envelope which is to be sealed and marked not to be opened without an order of the Supreme Court or any Court which may be sentencing the respondent. Liberty to apply on giving of two days notice in writing.