Prothonotary of the Supreme Court of New South Wales v Rakete

In the case of Prothonotary of the Supreme Court of New South Wales v Rakete, the defendant was charged with two counts of contempt for using a camera to film a witness in court during a criminal trial. The incident occurred in the presence of a judge and jury. The case was heard in the Supreme Court of New South Wales, where the defendant admitted to using the camera but argued that it was not with the intention of interfering with the administration of justice. The primary legal issue the court had to address was whether the defendant's actions constituted contempt under the relevant statutory provisions. The court had to determine whether the defendant's act was done with the intention of interfering with the administration of justice or in a manner that had a tendency to do so.

The court considered the definition of contempt and the relevant statutory provisions. It noted that the charges were to be proved in accordance with the criminal standard, which requires proof beyond reasonable doubt. The court found that the defendant was not guilty of the first charge, which required proof that the defendant acted with the intention of interfering with the administration of justice. However, the court found the defendant guilty of the second charge, which required proof that the defendant's act had a tendency to interfere with the administration of justice. The court concluded that the defendant's actions were an interference with the administration of justice and that they had a tendency to do so.

The Supreme Court of New South Wales found the defendant guilty of the second charge of contempt. The court ordered the defendant to pay a fine of $5,000 for the first charge and $7,500 for the second charge, to be paid within 28 days. The court also ordered that if the fines were not paid within the specified time, the defendant would be imprisoned for six months for each charge.