The Queen v O'Dea, Peter John

[1983] FCA 338

Re: THE QUEEN
And: PETER JOHN O'DEA
No. ACT G51 of 1982
Penalty

COURT

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
Davies J.

CATCHWORDS

Penalty - Wilful insult - Royal Commission

HEARING

CANBERRA

#DATE 26:10:1983

ORDER

The defendant be convicted on the charge brought against him.

The defendant be penalised $150. A stay of payment of 30 days be granted.

In default of payment of the penalty or any part thereof the defendant be imprisoned for 24 hours, that period to cover the totality of the fines imposed in this proceeding and proceeding Nos. ACT G42-50 of 1982.

The defendant pay the Crown's costs to be agreed or taxed.

JUDGE1

On 4 October 1983 in proceeding No. G.51 of 1982 I found Peter John O'Dea guilty of wilfully insulting the Royal Commission established to inquire into activities of the Australian Building Construction Employees' and Builders Labourers' Federation. Mr O'Dea is therefore convicted on that charge.

It was submitted by counsel for Mr O'Dea that he did not intend to insult the Commission and that he was directing himself to the political motives behind the establishment of the Commission, and to the effect on justice of the holding of a commission, particularly one that does not proceed in a structured manner by way of presentation of evidence with respect to particular issues. Notwithstanding that, Mr O'Dea's statement was a serious affront to the Commission.

I do not think this is a case for imprisonment. The penalty which may be awarded is $200. Although it is not the most serious insult that could be made to the Commission, nevertheless it was a serious insult. I consider it appropriate to impose a penalty of $150. I grant a stay of payment of 30 days and I include that penalty within the default order that I have made with respect to proceeding Nos. ACT G42-50 of 1982. I order that the defendant pay the Crown's costs to be agreed or taxed.