Bikies – solitary confinement and reduced sentences

Callanan v Attendee X [2013] QSC 340 (12 December 2013)

Callanan v Attendee Z [2013] QSC 342 (12 December 2013)

Callanan v Attendee Y [2013] QSC 341 (12 December 2013)

 

JUDGE:
Applegarth J
ORDER:
  1. I am satisfied beyond reasonable doubt that the respondent was in contempt of the presiding officer in that he refused to take an oath in the circumstances stated in the Certificate of Contempt of the applicant dated 27 November 2013;
  2. I order that the respondent be imprisoned for a term of 28 days from 12 December 2013;
  3. I direct that the originating application, the Certificate of Contempt, the affidavits filed herein, the outlines of submissions and any exhibits be placed in an envelope, which is to be sealed and marked not to be opened without an order of the Court.
CATCHWORDS:
CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE AUTHORITIES – QUEENSLAND – where the applicant sought an order that the respondent be committed to prison or otherwise punished for contempt – where the Crime and Misconduct Commission was authorised to hold investigative hearings in relation to criminal activity – where respondent was required to attend hearing – where respondent attended hearing with legal representative – where respondent failed to take the oath – where the applicant issued a certificate of contempt against the respondent pursuant to s 199(2) of the Crime and Misconduct Act – where contempt not contested and is proven – where legislation mandates that the Court must punish the person in contempt by imprisonment to be served wholly in a corrective services facility – assessment of appropriate term of imprisonment – whether the term of imprisonment to be imposed on the respondent will be served in solitary confinement – whether the punishment should take account of the fact that imprisonment will be served in solitary confinement


David Cormack – Brisbane Barrister

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