ATTORNEY-GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD AND ANOR [1998] NSWCA 21

ATTORNEY-GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD AND ANOR [1998] NSWCA 21

2UE Sydney Pty Ltd and John Laws broadcast highly prejudicial comments about an accused during his murder trial, causing the discharge of the jury. The conduct constituted a serious contempt of court. Although not intentional, both parties were grossly negligent, and 2UE's inadequate systems and ongoing reliance on such inadequate safeguards made it primarily culpable. Substantial fines were imposed to signify the court's disapproval and to deter future breaches.

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
11 March 1998
Procedural Posture
Contempt of Court Proceedings / Penalty Judgment
Outcome
Declarations made and penalties imposed for contempt of court by majority judgment.
Legal Topics
Contempt of Court, Sub Judice, Media Comment on Pending Trials, Penalties for Contempt, Jury Discharge
Criminal Law Media Law Contempt of Court Sub Judice Media Comment on Pending Trials Penalties for Contempt Jury Discharge

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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

Contempt of Court Proceedings / Penalty Judgment

Legal Issues

  1. 1 Whether Radio 2UE Sydney Pty Ltd and John Laws were guilty of contempt of court by broadcasting prejudicial comments during a criminal trial.
  2. 2 What penalty should be imposed for contempt given negligence and system inadequacies.

Ratio Decidendi

2UE Sydney Pty Ltd and John Laws broadcast highly prejudicial comments about an accused during his murder trial, causing the discharge of the jury. The conduct constituted a serious contempt of court. Although not intentional, both parties were grossly negligent, and 2UE's inadequate systems and ongoing reliance on such inadequate safeguards made it primarily culpable. Substantial fines were imposed to signify the court's disapproval and to deter future breaches.

Court Disposition

Declarations made and penalties imposed for contempt of court by majority judgment.

Orders

  • Declare that Radio 2UE Sydney Pty Ltd and John Laws and each of them are guilty of contempt of court for broadcasting on 22 February 1996 the words set out in the Schedule to the amended summons in these proceedings.
  • Order that Radio 2UE Sydney Pty Ltd be fined $200,000, to be paid within twenty-eight days, to the Registrar of the Court of Appeal.