ATTORNEY GENERAL FOR NEW SOUTH WALES v UNITED TELECASTERS [1990] NSWCA 11

ATTORNEY GENERAL FOR NEW SOUTH WALES v UNITED TELECASTERS [1990] NSWCA 11

United Telecasters was found guilty of contempt as the broadcast of confessional material and accompanying images was likely to prejudice the fair trial of an accused and constituted a clear and serious interference with the administration of justice; penalty determined after considering mitigating and aggravating factors.

Parties
Claimant: Attorney General for New South Wales; Opponent: United Telecasters Sydney Limited
Jurisdiction
Australia
Judgment Date
11 October 1990
Procedural Posture
Contempt Proceedings / Judgment and Orders After Admission of Contempt; Determination of Penalty
Outcome
Declaration of contempt; financial penalty imposed; costs awarded
Legal Topics
Criminal Contempt, Media Publication, Pretrial Publicity, Fair Trial Rights, Confession, Penalty for Contempt
Criminal Law Media Law Contempt of Court Criminal Contempt Media Publication Pretrial Publicity Fair Trial Rights Confession +1 more

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Parties

Attorney General for New South Wales

Claimant

United Telecasters Sydney Limited

Opponent

Procedural Posture

Contempt Proceedings / Judgment and Orders After Admission of Contempt; Determination of Penalty

Legal Issues

  1. 1 Whether the broadcast by United Telecasters amounted to contempt of court by prejudicing the fair trial of Paul Gerald Mason through publication of confessional material
  2. 2 What penalty, if any, should be imposed for the admitted contempt

Ratio Decidendi

United Telecasters was found guilty of contempt as the broadcast of confessional material and accompanying images was likely to prejudice the fair trial of an accused and constituted a clear and serious interference with the administration of justice; penalty determined after considering mitigating and aggravating factors.

Court Disposition

Declaration of contempt; financial penalty imposed; costs awarded

Orders

  • Leave for opponent to file late affidavit and maintain confidentiality of exhibits
  • Declaration that United Telecasters is guilty of contempt for the subject broadcast