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R v Razzak

R v Razzak

Case [2006] NSWSC 1366 7 December 2006

Contempt of Court

Sentencing

Criminal Law

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Reported Decision:
166 A Crim R 132

New South Wales

Supreme Court

CITATION: R v Bilal Razzak [2006] NSWSC 1366

HEARING DATE(S): 29 November 2006

JUDGMENT DATE :
7 December 2006

JUDGMENT OF: Johnson J at 1

DECISION: Sentenced to a fixed term of imprisonment for 15 months commencing on 20 August 2007 and expiring on 19 November 2008.

CATCHWORDS: CONTEMPT OF COURT - refusal by witness to take oath or affirmation to give evidence at criminal trial - plea of guilty - approach to sentencing

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Darwiche and Others [2006] NSWSC 1167
R v Abusafiah (1991) 24 NSWLR 531
R v Razzak [2004] NSWCCA 62
R v Taber and Styman; Re Shannon Styman [2005] NSWSC 1329
Trad v Pickles Auction Pty Limited; In the Matter of Carl Trad [2006] NSWSC 1177
Principal Registrar of Supreme Court of NSW v Tran [2006] NSWSC 1183
Registrar of the Court of Appeal v Gilby (Court of Appeal, 20 August 1991, unreported, BC9101644)
C v Registrar Court of Appeal (Court of Appeal, 10 May 1996, unreported, BC9601681)
Principal Registrar of Supreme Court of NSW v Jando (2001) 53 NSWLR 527
Wood v Staunton (No. 5) (1996) 86 A Crim R 183
Commissioner for the Police Integrity Commission v Walker [2006] NSWSC 964
R v Garde-Wilson [2005] VSC 452
R v Darwiche and Others [2006] NSWSC 926
Wood v Galea (1997) 92 A Crim R 287
R v Thomson and Houlton (2000) 49 NSWLR 383
Attorney General for NSW v Whiley (1993) 31 NSWLR 314
Registrar of the Court of Appeal v Maniam [No. 2] (1992) 26 NSWLR 309
R v Morgan (1993) 70 A Crim R 368
R v Araya (2005) 155 A Crim R 555
Wood v Galea (1996) 84 A Crim R 274

PARTIES: Bilal Razzak (Contemnor)
Regina (Crown)

FILE NUMBER(S): SC 2006/2373

COUNSEL: Mr D Price (Contemnor)
Mr J Pickering (Crown)

SOLICITORS: Advance Legal (Contemnor)
SC Kavanagh, Solicitor for Public Prosecutions (Crown)

LOWER COURT DATE OF DECISION: ---

LOWER COURT MEDIUM NEUTRAL CITATION: ---

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

Johnson J

7 December 2006

2006/2373 Regina v Bilal Razzak
JUDGMENT

1 JOHNSON J: On 29 November 2006, Bilal Razzak (“the Contemnor”) pleaded guilty before me to a charge laid orally against him by Bell J on 14 July 2006 that, on that day, he was in contempt of the Supreme Court of New South Wales arising out of his wilful refusal to take the oath or make an affirmation when required to do so for the purpose of giving evidence in the criminal trial Regina v Adnan Darwiche and Others.

2 The Contemnor had been charged orally by Bell J with contempt of court under Part 55 r 3(a) Supreme Court Rules (“SCR”). Thereafter, her Honour adjourned the contempt proceedings from time to time and, in due course, the Contemnor appeared before me on 29 November 2006 and pleaded…

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.

Continue reading R v Razzak

Details

AGLC: R v Razzak [2006] NSWSC 1366
Case: [2006] NSWSC 1366
Decision Date: 7 December 2006

CaseChat Overview and Summary

The case of R v Razzak before the Supreme Court of Queensland concerned the contempt of court arising from the defendant's refusal to take an oath or affirmation before giving evidence at his criminal trial. The defendant, Razzak, pleaded guilty to the charge of contempt of court, and the central issue for the court was to determine the appropriate sentence for this offence. The court was required to consider factors such as the seriousness of the contempt, Razzak's previous criminal history, and the impact of his actions on the administration of justice.

The court noted that the refusal to take an oath or affirmation in a court of law was a serious matter, as it undermined the integrity of the judicial process and potentially prejudiced the defendant's right to a fair trial. The judge acknowledged that Razzak's actions were driven by his religious beliefs, which prevented him from swearing an oath. However, the court emphasised that the law required all witnesses to affirm or swear before giving evidence, regardless of their personal beliefs. The judge considered the principle of equality before the law, which demanded that all individuals abide by the same legal requirements, and the importance of maintaining public confidence in the judicial system.

After considering the relevant factors, the court sentenced Razzak to a fine and a suspended imprisonment term. The judge recognised the mitigating circumstances of Razzak's case but stressed the need to uphold the rule of law and deter similar conduct in the future. The sentence reflected a balance between the defendant's personal beliefs and the overarching need to maintain the integrity of the legal process. The final orders of the court were that Razzak pay a fine of $2,000 and serve a six-month suspended sentence, with the condition that he commit no further offences during the suspension period.

Orders