ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD and ANOR [1997] NSWCA 30

ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD and ANOR [1997] NSWCA 30

The broadcast remarks by John Laws, on Radio 2UE, while the trial was in progress, had a real and practical tendency to interfere with the administration of justice by creating a real risk of prejudice among jurors, thus constituting contempt of court.

Parties
Claimant: Attorney General for the State of New South Wales; First Opponent: Radio 2UE Sydney Pty Ltd; Second Opponent: John Laws
Jurisdiction
Australia
Judgment Date
16 October 1997
Procedural Posture
Civil / Determination of Liability for Contempt, Orders Regarding Penalty Reserved
Outcome
Declaration of contempt to be made; penalty to be determined after further submissions.
Legal Topics
Broadcast Contempt, Interference With Administration of Justice, Trial by Jury, Prejudice Due to Publication
Criminal Law Contempt of Court Broadcast Contempt Interference With Administration of Justice Trial by Jury Prejudice Due to Publication

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Parties

Attorney General for the State of New South Wales

Claimant

Radio 2UE Sydney Pty Ltd

First Opponent

John Laws

Second Opponent

Procedural Posture

Civil / Determination of Liability for Contempt, Orders Regarding Penalty Reserved

Legal Issues

  1. 1 Whether the broadcast by Radio 2UE of John Laws' comments constituted contempt of court
  2. 2 Whether the remarks had a real and practical tendency to interfere with the administration of justice

Ratio Decidendi

The broadcast remarks by John Laws, on Radio 2UE, while the trial was in progress, had a real and practical tendency to interfere with the administration of justice by creating a real risk of prejudice among jurors, thus constituting contempt of court.

Court Disposition

Declaration of contempt to be made; penalty to be determined after further submissions.

Orders

  • Declaration one as sought in the Amended Summons to be made, but not until parties have made submissions on penalties.
  • Further hearing of the Amended Summons stood over for submissions as to penalty on a date to be fixed.