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- 1(A) DEFINITION -Any conduct that tends to bring the authority & the administration of the law into disrespect or disregard, or to interfere with or prejudice parties, litigants, their witness during the litigation*R v Gray, per Lord Rusell CJ:
-Any act done or writing published calculated to bring a Court or a judge of the Court into -contempt, or to lower his authority, is a contempt of Court. - 2JURISDICTION TO PUNISH FOR CONTEMPT(a) Article 126 FC: Federal Court/ Court of Appeal/ High Court shall have power to punish any contempt of itself
(b) S. 13 Courts of JCA: Federal Court/ Court of Appeal/ High Court shall have power to punish any contempt of itself
(c) S.99A, 3rd Schedule SCA - 3(a) Contempt in the face of the court - (i) Misbehaviour / improper conduct/ acting without decorum - 1). Argument with MagistrateKaram Singh v PP
-In the course of proceedings, a heated argument broke out between magistrate & advocate & solicitor of D.
Magistrate, after considering the matter, returned to Bench & decided to deal with the advocate summarily - 4(a) Contempt in the face of the court - (i) Misbehaviour / improper conduct/ acting without decorum - 2). Challenging authority of court: Intimidating statement*Re Kumaraendran, An Advocate & Solicitor
-Advocate shouting & behaving in a manner which is most unexpected
Abdoolcader J:’a deliberate challenge to the authority of the court’ - 5(a) Contempt in the face of the court - (i) Misbehaviour / improper conduct/ acting without decorum - 3). Allegations of bias*PP v Seeralan [1985]
-S made several allegations of bias against the Magistrate - that the Bench was unfair & prejudiced.
-Salleh Abas LP: “an allegation of bias is not just a mere act of discourtesy, but a contempt of the court. - 6(a) Contempt in the face of the court - (i) Misbehaviour / improper conduct/ acting without decorum - 4). Using the court as political forum*Re TT Rajah [1973]
-Improperly seeking to convert the court into a forum for expressing political views unconnected with the issues before the court.
Held: The conduct of the respondent counsel were disgraceful & dishonorable - 7(a) Contempt in the face of the court ii) Obstructing the proper conduct of litigation 1) Concealment of document*Cheah Cheng Hoe v PP [1986]
-The court has the power to punish as contempt any misuse of the court’s process eg forging or altering of court documents or committing other deceits of the kind or deceiving the court by deliberately suppressing a fact or giving false evidence - 8(a) Contempt in the face of the court ii) Obstructing the proper conduct of litigation 2) Abuse of process of discovery*Home Office v Harman [1982]
-In the course of discovery & H gave express undertaking that documents obtained in discovery would not be used for any other purpose except for the case at hand. After trial H allowed journalist to have access to the documents. - 9(a) Contempt in the face of the court ii) Obstructing the proper conduct of litigation 3) Deny others of the right of access to court*Malaysian Bar v Tan Sri Dato Abdul Hamid Bin Omar [1989]
-the respondent being party to suit anticipated opposite side’s appeal of application to the Supreme Court gave instruction to Chief Registrar that the court rooms should be kept closed, that the staff should not assist in such sitting, that registrar should not signed any order that might be made & the court seal should not be made available.” - 10(b) Scandalising the court/Judiciary 1/3*Patrick Chokolingo v AG Trinidad & Tobago (PC)
“ is a convenient way of describing a publication which, is a scurrilous attack on the judiciary as a whole, which to undermine the authority of the courts & public con in the administration of justice”. - 11(b) Scandalising the court/Judiciary 2./3*AG v Arthur Lee [1987]
-“a) criticism of judgment must be within limits of reasonable courtesy and good faith;
- b) in the determining limit of reasonable courtesy, court must have regard for local condition. - 12(b) Scandalising the court/Judiciary 3/3*R v Gray [1900]
-Publication in newspaper of article which contains personal abuse of a judge with reference to his conduct as a judge in a judgment , proceeding which has terminated is a contempt of court punishable by court. - 13(c) Sub-judice comment (comments on pending proceedings) -Speeches or writing misrepresenting the proceedings of the court or prejudicing the public for or against a party are contempt.-The effect of such misrepresentations :
1) deter persons from coming forward to give evidence
2) prejudice the minds of jurors;
3) cause parties to discontinue;
4) cause parties to discontinue or compromise; - 14-Who may institute the contempt proceeding?-May be initiated by motion by
A) Attorney General;
B) any private party who has sufficient interest in the matter; or
C) the court - 15- Procedure for punishment -Punished summarily by the presiding judge before whom the contempt is committed-Court must:
(A) specify nature of the alleged contempt & identify insult/imputation judge put to it
(B) give reasonable opportunity to be heard
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- Fichas sobre Sin título, creado por lilynothomes el 02/07/2015.
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- Creado por lilynothomes · 2 jul 2015
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