ATTORNEY GENERAL FOR NEW SOUTH WALES v TCN CHANNEL NINE PTY LIMITED [1990] NSWCA 8

ATTORNEY GENERAL FOR NEW SOUTH WALES v TCN CHANNEL NINE PTY LIMITED [1990] NSWCA 8

Despite mitigation factors including no prior convictions, apology, and guidelines in place, the objective seriousness warranted a substantial fine as a deterrent to prevent interference with administration of justice by media broadcasts.

Parties
Claimant: Attorney General for New South Wales; Opponent: TCN Channel Nine Pty Limited
Jurisdiction
Australia
Judgment Date
11 October 1990
Procedural Posture
Contempt Proceedings / Penalty Determination and Final Orders
Outcome
Contempt established; fine imposed; costs awarded.
Legal Topics
Contempt of Court, Broadcasting, Penalties
Criminal Law Media Law Contempt of Court Broadcasting Penalties

Case Brief

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Parties

Attorney General for New South Wales

Claimant

TCN Channel Nine Pty Limited

Opponent

Procedural Posture

Contempt Proceedings / Penalty Determination and Final Orders

Legal Issues

  1. 1 Whether the Opponent's broadcasting constituted contempt of court
  2. 2 Appropriate penalty for contempt

Ratio Decidendi

Despite mitigation factors including no prior convictions, apology, and guidelines in place, the objective seriousness warranted a substantial fine as a deterrent to prevent interference with administration of justice by media broadcasts.

Court Disposition

Contempt established; fine imposed; costs awarded.

Orders

  • Opponent declared guilty of contempt for broadcast on 30 July 1989 likely to interfere with administration of justice in Mason trial.
  • Opponent declared guilty of contempt for providing broadcast matter to WIN for re-broadcast.