HER MAJESTY'S ATTORNEY GENERAL FOR NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD and ALAN JONES [1992] NSWCA 14

HER MAJESTY'S ATTORNEY GENERAL FOR NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD and ALAN JONES [1992] NSWCA 14

Both broadcasts created a real risk of interference with the administration of justice in the Killen trial due to their content and timing, regardless of whether Jones knew the pendency of the trial. Kenny was only responsible for his own statements, and the part of the broadcast consisting of Kenny's statements did not create a real risk of interference; therefore, Kenny was not guilty of contempt. 2UE and Jones were guilty for both broadcasts.

Parties
Claimant: Her Majesty's Attorney General for New South Wales; Respondent: Radio 2UE Sydney Pty Ltd; Respondent: Alan Jones; Respondent (in 40226/91): P. Kenny
Jurisdiction
Australia
Judgment Date
28 August 1992
Procedural Posture
Contempt of Court / Post Guilt Hearing, Pending Penalties
Outcome
2UE and Jones found guilty of contempt in both summonses; Kenny acquitted in summons 40226/91; penalties to be determined; Kenny awarded costs.
Legal Topics
Prejudicing Fair Trial, Broadcasts About Pending Trial, Administration of Justice, Public Interest and Contempt
Criminal Law Contempt of Court Prejudicing Fair Trial Broadcasts About Pending Trial Administration of Justice Public Interest and Contempt

Case Brief

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Parties

Her Majesty's Attorney General for New South Wales

Claimant

Radio 2UE Sydney Pty Ltd

Respondent

Alan Jones

Respondent

P. Kenny

Respondent (in 40226/91)

Procedural Posture

Contempt of Court / Post Guilt Hearing, Pending Penalties

Legal Issues

  1. 1 Whether radio broadcasts created a real risk of interference with administration of justice in the pending Killen trial
  2. 2 Whether contempt requires intention to interfere with the trial
  3. 3 Extent of responsibility for broadcast content among participants

Ratio Decidendi

Both broadcasts created a real risk of interference with the administration of justice in the Killen trial due to their content and timing, regardless of whether Jones knew the pendency of the trial. Kenny was only responsible for his own statements, and the part of the broadcast consisting of Kenny's statements did not create a real risk of interference; therefore, Kenny was not guilty of contempt. 2UE and Jones were guilty for both broadcasts.

Court Disposition

2UE and Jones found guilty of contempt in both summonses; Kenny acquitted in summons 40226/91; penalties to be determined; Kenny awarded costs.

Orders

  • Summons 40225/91 stands over for hearing on penalties.
  • Summons 40226/91 stands over for hearing on penalties as against 2UE and Jones.