Dermot Nottingham leave to appeal to Supreme Court dismissed

Dermot Nottingham failed in a bid to be granted leave to appeal to the Supreme Court against conviction and sentence. A judgment today said that “No question of general or public importance accordingly arises” and nothing “raised by Mr Nottingham give rise to the appearance of a miscarriage of justice arising from the Court’s assessment”.

This isn’t a surprise.

Mr Nottingham was convicted following a jury trial of two charges of  publishing information in breach of suppression orders and five charges of criminal harassment.

The prosecution had said they were the worst of many examples they found, but that’s debatable.

He was sentenced by the trial Judge, Judge Down, to a term of 12 months home detention and 100 hours of community work. His appeal to the Court of Appeal against conviction and sentence was dismissed. The Court allowed the Solicitor-General’s appeal against sentence.

Both the prosecution and the Solicitor-General had suggested that a multi-year jail term was warranted. While jail was considered it was replaced with home detention.

The Court quashed the part-served sentence of home detention and imposed a new sentence of 12 months home detention together with 100 hours of community work.

Mr Nottingham seeks leave to appeal essentially on the basis a miscarriage of justice has occurred.

The Court of Appeal said first that there was no error in the way the Judge directed the jury as to the relevance of truth. The Court considered that the jury was “legitimately entitled to take into account truth or falsity in its assessment of offensiveness, but it was only one part of a composite of considerations relevant in that respect”.

Second, the Court noted that, in any event, on the particular facts the “truth or falsity analysis” on which Mr Nottingham’s submission was based was “academic”. In this respect the Court said:

Much of what was published could at best be described as virulent opinion with only a tangential connection to anything arguably true. And in respect of many of the comments, we regard even that description as excessively
generous. As the Crown said in closing, the posts were littered with “hate-filled [invective]” and were strongly misogynistic.

The Court went on, after discussing various examples of the type of language and descriptions used, to say:

It was not unreasonable for the jury to identify such material as offensive. The assessment was one appropriately informed by the composite of community values which it represented. It is one that an appellate court would be more than usually reluctant to interfere with. And to the extent truth or falsity did impact on the analysis (as the Judge recognised it had the potential to do, at least at the margins), assessment of the honesty and reliability of witnesses was again a classic jury function.

As is apparent from these excerpts, the observations about the question of truth very much reflected the particular factual context and were limited to those facts. No question of general or public importance accordingly arises. Against that factual background, nor does anything raised by Mr Nottingham give rise to the appearance of a miscarriage of justice arising from the Court’s assessment.

The other proposed questions can be dealt with shortly.

The Court, having set out the relevant evidence, accepted the Crown submission the circumstantial evidence provided a
“very strong, if not overwhelming” Crown case. Nothing raised by Mr Nottingham gives rise to the appearance of a miscarriage of justice as a result of this assessment.

Nor does anything advanced by Mr Nottingham give rise to any appearance of a miscarriage of justice arising in respect to the other two proposed grounds of appeal we have set out.

So a total fail for Nottingham on this appeal, an outcome he must be familiar with. he has had a dismal record in many court proceedings over the last five years (disclosure – including  failed attempt to privately prosecute myself and a number of others, incurring hundreds of thousands of dollars in costs that resulted in him being declared bankrupt).

And the Supreme Court must be the end of the legal road for Nottingham in this case.

Full decision:  Dermot Gregory Nottingham v The Queen

The criminal harassment charges also related to publications on Lauda Finem.

Nottingham was found to have been largely responsible for many publications at Lauda Finem (along with a number of accomplices), some of which seem to be still published online. That may leave him vulnerable to further legal action. I’m surprised courts haven’t dealt with them by now.

The @LaudaFinem twitter account was finally suspended about a month ago.

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3 Comments

  1. Alan Wilkinson

     /  13th December 2019

    Last squawk for Lauda Finem.

    Will he come out a better man than when he went in? I suspect not.

    Reply
    • He’s bankrupt. He has serious health problems. And he has shown no sign of accepting any responsibility for his own predicament, instead blaming others. So the prospects don’t look great.

      Reply
    • duperez

       /  13th December 2019

      Most medical exerts agree that it’s pretty much impossible to turn an arsehole into a brain.

      Reply

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