REGISTRAR OF THE COURT OF APPEAL v JOHN FAIRFAX GROUP PTY LTD and ANOR [1994] NSWCA 262

REGISTRAR OF THE COURT OF APPEAL v JOHN FAIRFAX GROUP PTY LTD and ANOR [1994] NSWCA 262

The publication of the article, during the course of a criminal trial, in a newspaper of wide circulation, revealing that the accused had recently been convicted of the armed robbery of another Armaguard van—a fact not in evidence—carried a real risk of serious prejudice to the fair trial, and was therefore a contempt of court.

Parties
Claimant: Registrar of the Court of Appeal; Opponent: John Fairfax Group Pty Ltd
Jurisdiction
Australia
Judgment Date
21 October 1994
Procedural Posture
Application for Declarations and Penalties for Contempt of Court / Liability Determined, Proceedings Stood Over for Evidence and Argument on Penalty
Outcome
contempt found; declarations to be made; proceedings stood over for penalty.
Legal Topics
Prejudicial Publicity, Fair Trial, Prior Convictions, Jury Prejudice, Publication During Trial
Contempt of Court Criminal Law Prejudicial Publicity Fair Trial Prior Convictions Jury Prejudice Publication During Trial

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Parties

Registrar of the Court of Appeal

Claimant

John Fairfax Group Pty Ltd

Opponent

Procedural Posture

Application for Declarations and Penalties for Contempt of Court / Liability Determined, Proceedings Stood Over for Evidence and Argument on Penalty

Legal Issues

  1. 1 Whether the publication during trial of an article referring to recent conviction of one of two accused persons constituted contempt of court
  2. 2 Whether the article carried a real risk of serious prejudice to the fair trial of the accused

Ratio Decidendi

The publication of the article, during the course of a criminal trial, in a newspaper of wide circulation, revealing that the accused had recently been convicted of the armed robbery of another Armaguard van—a fact not in evidence—carried a real risk of serious prejudice to the fair trial, and was therefore a contempt of court.

Court Disposition

contempt found; declarations to be made; proceedings stood over for penalty.

Orders

  • Proceedings stood over for evidence and argument on the question of penalty.