Environment Protection Authority v Pannowitz [2006] NSWLEC 219

Environment Protection Authority v Pannowitz [2006] NSWLEC 219

The defendant knew of the publication order and intentionally caused the Newcastle Herald notice to be published on page 4 rather than page 3, at one-sixteenth rather than at least a quarter page, and with the added ICAC words. Viewed objectively, those acts undermined, frustrated and interfered with the publication order and therefore constituted contempt by interference with the course of justice. By procuring Steepleton's breach in those respects, he also aided and abetted Steepleton's contempt. The added words objectively suggested that the Court or its determination had been referred to ICAC for corrupt conduct and had an inherent tendency to scandalise the Court, so the defendant...

Jurisdiction
Australia
Judgment Date
09 May 2006
Procedural Posture
Criminal Contempt Proceedings / Judgment on Contempt Charge; Penalty to Be Heard
Outcome
Contempt proved beyond reasonable doubt; matter stood over for submissions on penalty.
Legal Topics
['third Party Contempt' 'non Compliance With Publication Order' 'interference With the Course of Justice' 'scandalising the Court' 'aiding and Abetting Contempt' 'punishment of a Non Party']
['contempt' 'practice and Procedure' 'environmental Law'] ['third Party Contempt' 'non Compliance With Publication Order' 'interference With the Course of Justice' 'scandalising the Court' 'aiding and Abetting Contempt' 'punishment of a Non Party']

Case Brief

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Procedural Posture

Criminal Contempt Proceedings / Judgment on Contempt Charge; Penalty to Be Heard

Legal Issues

  1. 1 ['Whether the defendant, a non-party to Environment Protection Authority v Steepleton Pty Ltd [2005] NSWLEC 175, committed contempt by interfering with the course of justice through conduct that undermined, frustrated or interfered with a publication order.' 'Whether the defendant aided and abetted a contempt committed by Steepleton by procuring breach of the publication order.' 'Whether the additional words in the Newcastle Herald notice, "This matter has been referred by Steepleton to ICAC for further investigation", scandalised the Court.' 'Whether the defendant aided and abetted Steepleton in scandalising the Court.']

Ratio Decidendi

The defendant knew of the publication order and intentionally caused the Newcastle Herald notice to be published on page 4 rather than page 3, at one-sixteenth rather than at least a quarter page, and with the added ICAC words. Viewed objectively, those acts undermined, frustrated and interfered with the publication order and therefore constituted contempt by interference with the course of justice. By procuring Steepleton's breach in those respects, he also aided and abetted Steepleton's contempt. The added words objectively suggested that the Court or its determination had been referred to ICAC for corrupt conduct and had an inherent tendency to scandalise the Court, so the defendant...

Court Disposition

Contempt proved beyond reasonable doubt; matter stood over for submissions on penalty.

Orders

  • ['Leave granted to the parties to approach the Registrar to obtain a further hearing date for the question of the appropriate penalty.']