DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH v UNITED TELECASTERS SYDNEY LTD (IN LIQUIDATION) [1992] NSWCA 57

DIRECTOR OF PUBLIC PROSECUTIONS FOR THE COMMONWEALTH v UNITED TELECASTERS SYDNEY LTD (IN LIQUIDATION) [1992] NSWCA 57

The broadcast in question, despite modifications, was during the currency of the trial and showed sufficient identifiers so that it had a real, substantial, and serious tendency to interfere with the due course of justice in the trial of Mr Hardy, thus establishing contempt of court.

Parties
Claimant: Director of Public Prosecutions for the Commonwealth; Opponent: United Telecasters Sydney Ltd (In Liquidation)
Jurisdiction
Australia
Judgment Date
28 February 1992
Procedural Posture
Contempt Proceedings / Judgment on Liability and Penalty
Outcome
Opponent found guilty of contempt; fine imposed.
Legal Topics
Contempt of Court, Prejudicial Publicity, Criminal Trial Procedure, Freedom of Expression
Criminal Law Media Law Contempt of Court Prejudicial Publicity Criminal Trial Procedure Freedom of Expression

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Parties

Director of Public Prosecutions for the Commonwealth

Claimant

United Telecasters Sydney Ltd (In Liquidation)

Opponent

Procedural Posture

Contempt Proceedings / Judgment on Liability and Penalty

Legal Issues

  1. 1 Whether the broadcast by United Telecasters Sydney Ltd (In Liquidation) on 18 September 1989 constituted contempt of court by having a real tendency, as a matter of practical reality, to interfere with the due course of justice in the trial of Leslie Thomas Hardy

Ratio Decidendi

The broadcast in question, despite modifications, was during the currency of the trial and showed sufficient identifiers so that it had a real, substantial, and serious tendency to interfere with the due course of justice in the trial of Mr Hardy, thus establishing contempt of court.

Court Disposition

Opponent found guilty of contempt; fine imposed.

Orders

  • Declaration that United Telecasters Sydney Ltd (In Liquidation) is guilty of contempt of court in relation to the 18 September 1989 broadcast of 'Marriage Rackets' on Channel 10 television station.
  • Opponent fined $20,000 for contempt of court.