Re Booth [2017] NZDC 25303

Published 10 August 2018

Contempt of court — finding of contempt — refusal to give evidence — sentencing — impact on jury trial — Criminal Procedure Act 2011, s 165 — Pandey v Police HC New Plymouth CRI-2010-433-26, 15 December 2010. A witness who was brought before the court to give evidence refused to be sworn or make an oath and refused to give evidence. The court noted that the witness had been respectful in declining to give evidence and that he was a complainant in the matter. The court took into account the contemnor's fear of retribution and the fact that he was apologetic for his actions. The court found that the refusal to give evidence must be marked by a significant outcome that was proportionate to the seriousness of the case. The contemnor was sentenced to one month imprisonment, to be served cumulatively on the sentences that he was currently subject to. Judgment Date: 7 November 2017. * * * Note: names have been changed to comply with legal requirements. * * *