Regina (C'Wealth) v Baladjam & Ors [No 45] [2008] NSWSC 1464

Regina (C'Wealth) v Baladjam & Ors [No 45] [2008] NSWSC 1464

The proposed broadcast, even as amended, conveyed a powerful impression of guilt regarding the accused through its imagery and content and, given the proximity of the pending trial, would likely have a real and substantial tendency to prejudice the administration of justice and the fairness of the trial. Injunction was therefore necessary to prevent contempt by restraining publication.

Jurisdiction
Australia
Judgment Date
09 September 2008
Procedural Posture
Criminal / Interlocutory Application for Injunction
Outcome
Injunction granted restraining Channel 7 from broadcasting the news item represented in Exhibits 4 and 5 intended for 9 September 2008. Liberty to apply on two hours notice. Costs reserved. Matter stood over generally.
Legal Topics
['contempt of Court' 'injunctions' 'media Law' 'jury Prejudice']
['criminal Law' 'civil Law'] ['contempt of Court' 'injunctions' 'media Law' 'jury Prejudice']

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Procedural Posture

Criminal / Interlocutory Application for Injunction

Legal Issues

  1. 1 ['Whether to grant an injunction restraining Channel 7 from broadcasting a news item on the basis it would constitute a contempt of court by prejudicing a pending criminal trial.']

Ratio Decidendi

The proposed broadcast, even as amended, conveyed a powerful impression of guilt regarding the accused through its imagery and content and, given the proximity of the pending trial, would likely have a real and substantial tendency to prejudice the administration of justice and the fairness of the trial. Injunction was therefore necessary to prevent contempt by restraining publication.

Court Disposition

Injunction granted restraining Channel 7 from broadcasting the news item represented in Exhibits 4 and 5 intended for 9 September 2008. Liberty to apply on two hours notice. Costs reserved. Matter stood over generally.

Orders

  • ['Order that Channel 7 be restrained from broadcasting the news item represented in Exhibits 4 and 5 and proposed to be broadcast on 6pm News on 9 September 2008.' 'Liberty to apply on 2 hours notice.' 'Costs reserved for Motion stood over generally.']