HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v NORTHERN STAR LTD [1994] NSWCA 132

HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v NORTHERN STAR LTD [1994] NSWCA 132

The publication by Northern Star Ltd disclosed prejudicial information to the jury not opened in court, thereby interfering with the administration of justice and amounting to a serious contempt; despite mitigating factors, a monetary penalty is warranted to deter similar conduct.

Parties
Claimant: HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES; Opponent: NORTHERN STAR LTD
Jurisdiction
Australia
Judgment Date
14 October 1994
Procedural Posture
Contempt Proceedings / Judgment on Penalty After Plea of Guilty
Outcome
Declaration of contempt; monetary penalty imposed; order for costs
Legal Topics
Publication Prejudicing Trial, Administration of Justice, Penalties for Contempt, Media Responsibility

Case Brief

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Parties

HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES

Claimant

NORTHERN STAR LTD

Opponent

Procedural Posture

Contempt Proceedings / Judgment on Penalty After Plea of Guilty

  1. 1 Whether the publication by the opponent amounted to contempt of court by interfering with the administration of justice in the criminal trial of Peter Lawrence Blanch
  2. 2 Appropriate penalty for such contempt

Ratio Decidendi

The publication by Northern Star Ltd disclosed prejudicial information to the jury not opened in court, thereby interfering with the administration of justice and amounting to a serious contempt; despite mitigating factors, a monetary penalty is warranted to deter similar conduct.

Court Disposition

Declaration of contempt; monetary penalty imposed; order for costs

Orders

  • Declare that the opponent is guilty of contempt of court for publishing matter likely to interfere with the administration of justice in connection with the trial of Peter Lawrence Blanch.
  • The opponent is fined $20,000.