Alan Robinson v The State [1986] PNGLR 307

• Jurisdiction: Papua New Guinea
• Citation: [1986] PNGLR 307
• Date: 25 November 1986
• Court: Supreme Court
• Year: 1986

Full Title: Alan Robinson v The State [1986] PNGLR 307

Supreme Court: Kapi DCJ, Amet J, Wilson J

Judgment Delivered: 25 November 1986

1 Contempt—need to follow procedures set out in Rules of Court

2 Practice and procedure—where contempt alleged in connection with proceedings—evidence must be in appropriate form

3 Penalty—need for caution where sanction includes restricting lawyers from appearing in court until fine paid

4 CONTEMPT—Contempt of court—Practice and procedure—Procedures in Rules of Court to be followed—Need for proper evidence.

5 CONTEMPT—Contempt of court—Punishment—Fine—Lawyer as contemnor—Sanction precluding appearance until fine paid—Whether valid.

An alleged contempt in connection with proceedings in court should be prosecuted by the State Prosecutor on notice of motion or originating summons with supporting evidence by way of affidavit in accordance with the National Court Rules, O14, r42, r44.

Such proceedings should be listed before a Judge other than the one before whom the alleged contempt occurred.

Where a lawyer is fined for contempt of court quaere whether a sanction precluding the lawyer from appearing until the fine is paid is valid.

The State v Mark Taua; Re Awaita [1985] PNGLR 179 referred to

Appeal

This was an appeal against a conviction for contempt of court arising from an incident which occurred...