Fraudster Kane Dallow attempts to fight nine-month prison sentence imposed by Federal Court
Serial conman Kane Dallow, sentenced to nine months by the Federal Court of Australia for contempt, is attempting to challenge the length of time he must spend behind bars.
Police & Courts
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CONVICTED conman Kane Dallow is attempting to appeal a nine-month prison sentence he was ordered to serve after publishing defamatory videos about Liberal politician Michael Ferguson.
The serial fraudster says the length of his sentence is manifestly excessive, claiming it will unfairly impact his young child.
The 40-year-old was found guilty earlier this year of four counts of contempt of court, including one count of scandalising the court, after intentionally disobeying orders by the Federal Court of Australia over the publication of four videos on his website and YouTube.
Dallow is attempting to challenge his sentence, not his conviction, and requested an extension of time to vary his application for leave to appeal.
On Tuesday, lawyers Kamal Karunadasa and Jeffrey Thompson appeared on Dallow’s behalf via video link before Justice Stewart Anderson.
Dallow did not appear during the short hearing.
Mr Karundasa said the primary judge failed to take into account mitigating circumstances in Dallow’s case.
“He is the father of a very small child … that is a very serious consequence for the third party,” he said.
Justice Anderson approved Mr Karundasa’s request for an extension of time to file an amended notice of appeal and seek further affidavit material.
Further details of the case have not yet been made available.
When jailing Dallow in June, Justice David O’Callaghan said each of the contempts were “deliberate and serious”.
The first three videos he published included defamatory statements about Mr Ferguson, while the fourth video made claims of “a ring of protection for anyone that is involved in parliament”, with Ministers including Mr Ferguson “protected by every level of government and sadly more to the point by the courts”.
Justice O’Callaghan said his culpability in the fourth contempt was high because Dallow “deliberately intended to scandalise the court and to lower its authority”.
The court will resume at a later date.