Recent Cases

DTO21 v Australian Crime Commission [2022] FCAFC 190 (30 November 2022) (Wigney, Bromwich and Abraham JJ)


CONTEMPT OF COURT – refusal by appellant to answer certain questions in Australian Crime Commission examination – refusal constituted contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) – appellant sentenced to 12 months’ imprisonment with liberty to apply – whether primary judge erred in finding there was continued prospect of appellant purging contempt – relevance of coercion in fixing sentences for contempt – whether primary judge considered suspended sentence – whether sentence was manifestly excessive – no error established – appeal dismissed