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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 | Comments Off on CA to rule on right to jury in contempt cases