The Queen v O'Dea, Peter John Summary

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.

CaseChat Overview and Summary

The matter before the court involved a charge against Peter John O'Dea, brought by the Crown, for a wilful insult directed at a Royal Commission. The defendant was accused of engaging in behaviour that was deemed contemptuous and disrespectful towards the proceedings of the Royal Commission, which is a serious offence under the relevant statutes. The court heard the evidence and arguments from both sides before reaching a decision.

The legal issues that the court was required to address included whether the defendant's actions constituted a wilful insult as defined by the legislation and whether the penalty imposed was appropriate given the circumstances of the case. The court had to consider the nature of the defendant's conduct, the context in which it occurred, and the applicable legal standards to determine the guilt of the defendant and the appropriate penalty.

In reaching its decision, the court carefully examined the evidence presented and the relevant legal principles. It found that the defendant's conduct did indeed amount to a wilful insult under the law. The court took into account the seriousness of the offence and the need to uphold the dignity of the Royal Commission. After considering these factors, the court imposed a penalty of $150, with a stay of payment for 30 days, and ordered the defendant to pay the Crown's costs. In the event of non-payment, the defendant was to be imprisoned for 24 hours.

The court's final orders were that Peter John O'Dea be convicted on the charge brought against him, be penalised $150 with a 30-day stay of payment, and be imprisoned for 24 hours in default of payment. The defendant was also ordered to pay the Crown's costs, which were to be agreed upon or taxed.

Orders of the court

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.

The Queen v O'Dea, Peter John

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established