ATTORNEY GENERAL FOR NEW SOUTH WALES v AUSTRALIAN BROADCASTING CORPORATION [1990] NSWCA 10

ATTORNEY GENERAL FOR NEW SOUTH WALES v AUSTRALIAN BROADCASTING CORPORATION [1990] NSWCA 10

The Corporation’s broadcast, which reported a police-attributed confession by the accused and showed pictorial content such as reenactments and close-ups before trial, had a clear tendency to interfere with the administration of justice by prejudicing potential jurors, thus amounting to criminal contempt. The penalty is assessed as a fine, considering seriousness, mitigating factors, and need for general and particular deterrence.

Parties
Claimant: Attorney General for New South Wales; Opponent: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
11 October 1990
Procedural Posture
Criminal Contempt / Penalty Determination
Outcome
Declaration of contempt and imposition of fine
Legal Topics
Criminal Contempt, Risk of Prejudice to Trial, Media Reporting Confessions, Penalty Assessment, Deterrence for Public Corporations
Criminal Law Media Law Contempt of Court Criminal Contempt Risk of Prejudice to Trial Media Reporting Confessions Penalty Assessment Deterrence for Public Corporations

Case Brief

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Parties

Attorney General for New South Wales

Claimant

Australian Broadcasting Corporation

Opponent

Procedural Posture

Criminal Contempt / Penalty Determination

Legal Issues

  1. 1 Whether the broadcast constituted a criminal contempt of court by interfering with the administration of justice
  2. 2 Appropriate penalty for admitted contempt by a public corporation

Ratio Decidendi

The Corporation’s broadcast, which reported a police-attributed confession by the accused and showed pictorial content such as reenactments and close-ups before trial, had a clear tendency to interfere with the administration of justice by prejudicing potential jurors, thus amounting to criminal contempt. The penalty is assessed as a fine, considering seriousness, mitigating factors, and need for general and particular deterrence.

Court Disposition

Declaration of contempt and imposition of fine

Orders

  • Declare the Australian Broadcasting Corporation guilty of contempt of court for broadcasting on television on 30 July 1989 matter which was likely or calculated or had a tendency to interfere with the administration of justice.
  • Order that the Opponent be fined $120,000 for such contempt of court.