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The judgment states that the Defendant admitted acting in contempt by breaching an interim injunction issued on 31 October 2019 prohibiting online incitement of violence against the police, after publishing an article on his public Facebook profile and a third-party website in May 2020 that accused the police of murder and encouraged revenge using guns and bombs, despite receiving warning letters from the police and the Department of Justice and failing to remove the material until September 2021, leading the Secretary for Justice to seek committal for contempt nearly two years later.
The starting point for breach of an Incitement Injunction is an immediate custodial sentence measured in months, reflecting the direct and serious nature of online calls for violence and applying principles of proportionality, deterrence, and protection of the administration of justice.
Aggravating factors included the deliberate, multi-platform publication of severe and specific incitements to lethal violence by a public figure with significant reach, and the defiant delay in removing the material; mitigating factors comprised the Defendant’s genuine remorse, full apology, personal circumstances including prior public service and current remand, and the lengthy delay by the prosecution before initiating proceedings.
The judge found that although the Secretary for Justice’s delay in bringing the application was excessive and the prosecutor’s submissions did not overstep proper bounds, the gravity of the breach nonetheless required an immediate custodial sentence, with mitigation limited to a reduced term rather than suspension.
The Defendant was sentenced to an immediate custodial term of six weeks.
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