O'Connor v Witness I - [2014] QSC 82

SUPREME COURT OF QUEENSLAND

CITATION:

O’Connor v Witness I [2014] QSC 82

PARTIES:

DANIEL MICHAEL O’CONNOR
(applicant)
WITNESS I
(respondent)

FILE NO:

10501 of 2013

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

2 May 2014

DELIVERED AT:

Brisbane

HEARING DATE:

15 April and 1 May 2014

JUDGE:

Applegarth J

ORDER:

1.   I am satisfied beyond reasonable doubt that the respondent was in contempt of the presiding officer in that he refused to take an oath in the circumstances stated in the Certificate of Contempt of the applicant dated 5 November 2013;

2.   I order that the respondent be imprisoned for a term of six months from 2 May 2014; account being taken of the period he has already been held in custody since 5 November 2013;

3.   I direct that the originating application, the Certificate of Contempt, the affidavits filed herein, the outlines of submissions and the exhibits be placed in an envelope, which is to be sealed and marked “Not to be opened without an order of the Court”.

4.    I direct that a copy of these reasons, together with the full name of the respondent, be placed in an envelope, which is to be sealed, placed on the Court file of the matters upon which the respondent is remanded in custody and marked “Not to be opened without an order of the Court in which (insert respondent’s name) may be sentenced for the offences which are pending in the District Court”.

5. I further direct that a copy of these reasons, together with the full name of the respondent, be provided by the applicant’s solicitor, on a confidential basis, to the officer within the Office of the Director of Public Prosecutions with the conduct of the prosecution of the respondent to enable them to be brought to the attention of any sentencing judge

CATCHWORDS:

CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE AUTHORITIES – QUEENSLAND – where the applicant sought an order that the respondent be punished for contempt – where the Crime and Misconduct Commission was authorised to hold an investigative hearing in relation to a major crime – where respondent was required to attend hearing – where respondent attended hearing with legal representative – where respondent failed to take an oath – where the applicant issued a certificate of contempt against the respondent pursuant to s 199(2) of the Crime and Misconduct Act – where contempt not contested and is proven – where legislation mandates that the Court must punish the person in contempt by a term of imprisonment to be served wholly in a corrective services facility – where respondent had been held in custody on remand in respect of the contempt for a period of six months – assessment of appropriate term of imprisonment

Crime and Misconduct Act 2001 (Qld), s176, s 183, s 197 s198, s 198A s199, s200A

Allbeury v Corruption and Crime Commission (2012) 220
A Crim R 372, cited
Callanan v Attendee X [2013] QSC…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] QSC 82
Decision Date: 2 May 2014

CaseChat Overview and Summary

The case of O'Connor v Witness I involved an application by the applicant, who sought a punishment order against the respondent for contempt of court. The respondent had been required to attend an investigative hearing held by the Crime and Misconduct Commission regarding a major crime. Despite attending the hearing with legal representation, the respondent refused to take an oath. Consequently, the applicant issued a certificate of contempt against the respondent under section 199(2) of the Crime and Misconduct Act. The respondent did not contest the contempt, and it was proven before the court.

The central legal issue was whether the respondent should be punished for the contempt and, if so, what the appropriate term of imprisonment should be. The court had to determine whether the respondent's failure to take an oath constituted contempt of court and, if so, to what extent it warranted imprisonment. Under the relevant legislation, the court was mandated to punish the person in contempt by imprisonment, to be served wholly in a corrective services facility. The respondent had already been held in custody on remand for six months in relation to the contempt.

The court found that the respondent was indeed in contempt of the presiding officer for refusing to take an oath. Given that the contempt was undisputed and proven, the court ordered that the respondent be imprisoned for a term of six months, taking into account the period he had already been held in custody. The court also directed that certain documents and records related to the contempt and the respondent's pending criminal matters be sealed and restricted to prevent premature disclosure. This included providing a confidential copy of the court's reasons to the officer within the Office of the Director of Public Prosecutions to ensure proper sentencing considerations.

Orders

Orders of the court

1. I am satisfied beyond reasonable doubt that the respondent was in contempt of the presiding officer in that he refused to take an oath in the circumstances stated in the Certificate of Contempt of the applicant dated 5 November 2013;

2. I order that the respondent be imprisoned for a term of six months from 2 May 2014; account being taken of the period he has already been held in custody since 5 November 2013;

3. I direct that the originating application, the Certificate of Contempt, the affidavits filed herein, the outlines of submissions and the exhibits be placed in an envelope, which is to be sealed and marked “Not to be opened without an order of the Court”.

4. I direct that a copy of these reasons, together with the full name of the respondent, be placed in an envelope, which is to be sealed, placed on the Court file of the matters upon which the respondent is remanded in custody and marked “Not to be opened without an order of the Court in which (insert respondent’s name) may be sentenced for the offences which are pending in the District Court”.

5. I further direct that a copy of these reasons, together with the full name of the respondent, be provided by the applicant’s solicitor, on a confidential basis, to the officer within the Office of the Director of Public Prosecutions with the conduct of the prosecution of the respondent to enable them to be brought to the attention of any sentencing judge

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	O’Connor v Witness I [2014] QSC 82
PARTIES:	DANIEL MICHAEL O’CONNOR (applicant) WITNESS I (respondent)
FILE NO:	10501 of 2013
DIVISION:	Trial Division
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court of Queensland
DELIVERED ON:	2 May 2014
DELIVERED AT:	Brisbane
HEARING DATE:	15 April and 1 May 2014
JUDGE:	Applegarth J
ORDER:	1. I am satisfied beyond reasonable doubt that the respondent was in contempt of the presiding officer in that he refused to take an oath in the circumstances stated in the Certificate of Contempt of the applicant dated 5 November 2013; 2. I order that the respondent be imprisoned for a term of six months from 2 May 2014; account being taken of the period he has already been held in custody since 5 November 2013; 3. I direct that the originating application, the Certificate of Contempt, the affidavits filed herein, the outlines of submissions and the exhibits be placed in an envelope, which is to be sealed and marked “Not to be opened without an order of the Court”. 4. I direct that a copy of these reasons, together with the full name of the respondent, be placed in an envelope, which is to be sealed, placed on the Court file of the matters upon which the respondent is remanded in custody and marked “Not to be opened without an order of the Court in which (insert respondent’s name) may be sentenced for the offences which are pending in the District Court”. 5. I further direct that a copy of these reasons, together with the full name of the respondent, be provided by the applicant’s solicitor, on a confidential basis, to the officer within the Office of the Director of Public Prosecutions with the conduct of the prosecution of the respondent to enable them to be brought to the attention of any sentencing judge
CATCHWORDS:	CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE AUTHORITIES – QUEENSLAND – where the applicant sought an order that the respondent be punished for contempt – where the Crime and Misconduct Commission was authorised to hold an investigative hearing in relation to a major crime – where respondent was required to attend hearing – where respondent attended hearing with legal representative – where respondent failed to take an oath – where the applicant issued a certificate of contempt against the respondent pursuant to s 199(2) of the Crime and Misconduct Act – where contempt not contested and is proven – where legislation mandates that the Court must punish the person in contempt by a term of imprisonment to be served wholly in a corrective services facility – where respondent had been held in custody on remand in respect of the contempt for a period of six months – assessment of appropriate term of imprisonment Crime and Misconduct Act 2001 (Qld), s176, s 183, s 197 s198, s 198A s199, s200A Allbeury v Corruption and Crime Commission (2012) 220 A Crim R 372, cited Callanan v Attendee X [2013] QSC…