HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v JOHN FAIRFAX AND SONS LIMITED [1988] NSWCA 63

HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v JOHN FAIRFAX AND SONS LIMITED [1988] NSWCA 63

The publication during the trial of material describing an accused as a 'prison escapee' constitutes contempt of court because it has a tendency to interfere with the administration of justice and the fair trial of the accused. The contempt was not intentional but resulted from gross carelessness and absence of an adequate system to prevent such publication.

Parties
Claimant: Her Majesty's Attorney-General in and for the State of New South Wales; Opponent: John Fairfax and Sons Limited
Jurisdiction
Australia
Judgment Date
24 June 1988
Procedural Posture
Contempt Proceedings / Penalty Determination
Outcome
Opponent fined for contempt; costs awarded to claimant.
Legal Topics
Contempt by Publication, Fair Trial, Penalty for Contempt
Contempt of Court Criminal Law Contempt by Publication Fair Trial Penalty for Contempt

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Parties

Her Majesty's Attorney-General in and for the State of New South Wales

Claimant

John Fairfax and Sons Limited

Opponent

Procedural Posture

Contempt Proceedings / Penalty Determination

Legal Issues

  1. 1 Whether the publication of an article describing an accused as a 'prison escapee' during the trial constitutes contempt of court
  2. 2 What penalty should be imposed for the contempt

Ratio Decidendi

The publication during the trial of material describing an accused as a 'prison escapee' constitutes contempt of court because it has a tendency to interfere with the administration of justice and the fair trial of the accused. The contempt was not intentional but resulted from gross carelessness and absence of an adequate system to prevent such publication.

Court Disposition

Opponent fined for contempt; costs awarded to claimant.

Orders

  • Opponent to pay fine of $20,000 within 14 days
  • Opponent to pay claimant's costs of proceedings