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CA to rule on right to jury in contempt cases
By Steven | November 3, 2008
The Bill of Rights Act says we have the right to a trial by jury if the penalty for an offence exceeds 3 months jail.
The maximum penalty for contempt is indefinite imprisonment. Recently, Vince Siemer was sentenced to 6 months in jail. He asked for a jury trial. It was denied.
Why? The Courts maintain that contempt isn’t really a crime, it’s only “in the nature of a crime”. Contempt charges are brought by an application to court, not by an information laid by the police or a complainant. There are different procedural rules. A finding of contempt isn’t really a “conviction”.
I think these distinctions are bogus. If it looks like a duck, and quacks like a duck, and can send you to prison like a duck, the law should treat it like a duck.
Siemer is appealing the no-jury ruling to the Court of Appeal and the case is scheduled to be heard in December. Rodney Harrison QC has been appointed as an amicus, so the fate of our contempt laws will not hinge on Siemer’s ability to mount a complex legal argument without pissing off the judges…
Topics: Contempt of Court, NZ Bill of Rights Act | 51 Comments »
51 Responses to “CA to rule on right to jury in contempt cases”
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November 3rd, 2008 at 2:44 pm
Excellent. With any luck they’ll get Hammond – or anyone who will pick up on Hammond’s view, expressed not long before he got bumped up, in Rawlinson v Purnell Jenkison & Roscoe [1999] 1 NZLR 479 – which was, interestingly, also a matter with a litigant in person:
November 3rd, 2008 at 4:30 pm
“The maximum penalty for contempt is indefinite imprisonment.”
P.S. Let’s not forget that this isn’t just some completely theoretical maximum – it’s the penalty that what was actually sought!
November 4th, 2008 at 6:55 am
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