Pisano v Dandris (No 3)

[2015] NSWSC 1251

Supreme Court

New South Wales

Medium Neutral Citation:	Pisano v Dandris (No 3) [2015] NSWSC 1251
Hearing dates:	21 and 27 August 2015
Decision date:	27 August 2015
Jurisdiction:	Equity - Technology and Construction List
Before:	McDougall J
Decision:	Direct assessment report. Stand over for decision on penalty (if any).
Catchwords:	CONTEMPT – sentencing – Crimes (Sentencing Procedure) Act 1999 (NSW) – possibility that imposition of a community service order may be appropriate – statutory requirement that an assessment report first be produced by the Probation and Parole Service – orders requiring the production of such a report
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW)
Category:	Procedural and other rulings
Parties:	Bruno Pisano (First Plaintiff) Sia Pisano (Second Plaintiff) Georgia Dandris (First Defendant) Patrick Francis Williams (Second Defendant)
Representation:	Counsel: DS Weinberger / AF Knox (Plaintiffs) J Jobson (First Defendant)   Solicitors: Gadens Lawyers (Plaintiffs) Zelden Solicitors (First Defendant)
File Number(s):	2012/283119

1. 1. Judgment   (EX TEMPORE – REVISED 27 AUGUST 2015)

   HIS HONOUR: On 21 August 2015, I heard a notice of motion filed for the plaintiff alleging that the first defendant was guilty of contempt of court. The contempt alleged was breach of a freezing order made by the Court. The statement of charge alleged, if memory serves me right, some 28 transfers or payments of money said to be in breach of the order, of which six were withdrawn. After hearing an application under UCPR rule 29.10 (which, of necessity, assumed that the contempt was civil contempt), I determined that the first defendant had no case to answer in respect of all but the first and last of the unwithdrawn (22) payments or transfers.

2. I then turned to the question of deciding whether, in respect of the two remaining transactions, there was a contempt. I held that there was not as to one, but there was, as to part only, of the other.

3. In those circumstances I stood the matter over until today for submissions on penalty.

4. I have now had the benefit of submissions. The parties did not place any further evidence before the court.

5. Taking into account the various matters referred to in my two earlier judgments, and the content of the submissions put today, I have come to the conclusion that it may be appropriate to consider the imposition of a community service order under s 86 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

6. As I see the matter at present, the conclusion is open that (reversing paragraphs (a) and (b) of s 86(1)), this may be an appropriate case to order the first defendant to perform community service work, and she may be a suitable person to undertake such work.

7. In those circumstances, before making any such order, I would need to be satisfied that arrangements exist for the area in which the first defendant resides for her to perform such work, and that indeed such work could be provided for her (see s 86(1)(c),(d)).

8. I am also required to consider the content of an assessment report on the first defendant, and such additional evidence as may be thought desirable taken from a probation and parole officer.

9. In those circumstances, it seems to me that I should express no further views on the range of sentencing options available but, rather, should stand the matter over for a sufficient time to enable an assessment report to be prepared. I understand from submissions put last week that this would take a month. Bearing in mind that Mr Jobson, counsel for the first defendant, will be absent for some time in the course of that period, I propose to stand the matter over to 9.30am on Friday 16 October 2015 for the purpose of obtaining and considering the assessment report to which I have referred.

10. In those circumstances, the appropriate orders to make are:

1. I direct the Probation and Parole Service to prepare an assessment report on the first defendant, Georgia Dandris, for the purposes of s 86 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

2. I direct that such report be prepared and provided to the Court as soon as practicable, but in any event by 14 October 2015.

3. I stand the matter over to 9.30am on 16 October 2015 for the purpose of deciding and imposing such penalty (if any) as in all the circumstances may be warranted.

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Decision last updated: 01 September 2015