ATTORNEY GENERAL FOR NEW SOUTH WALES v NATIONWIDE NEWS PTY LIMITED [1990] NSWCA 12

ATTORNEY GENERAL FOR NEW SOUTH WALES v NATIONWIDE NEWS PTY LIMITED

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, KIRBY P and PRIESTLEY JA 7 August 1990, 11 October 1990 [1990] NSWCA 12

CONTEMPT — criminal contempt — morning and afternoon newspapers owned by the opponent publish material concerning a person accused of three counts of murder and one of attempted murder — stories published on front page — morning story published before accused appears in court to face charges — morning newspaper contains statement that police alleged that the accused has confessed and description of his identification of alleged murder weapon — also asserts accused told police he "had an urge to kill but could not explain it" — afternoon newspaper contains headline "Accused quizzed on two more murders" — photographs of accused published — allegation that accused has been questioned by police about "two other unsolved murders" — assertion that accused told police he was having a good time" as he held his victim captive and other descriptions of the victim's ordeal — publisher admits contempt — consideration of proper penalty in the circumstances — held: (1) The publications amounted to clear contempts of court; (2) The publication in the morning newspaper followed the receipt of legal advice which was acknowledged to be erroneous but it was reasonable for the newspaper to act upon it; (3) The publication in the afternoon newspaper was made without further legal advice and in reckless pursuit of a good story and sales of the newspaper; (4) In the circumstances a fine of $200,000 should be imposed.

Gleeson CJ, Kirby P and Priestley JA. The Claimant, the Attorney General for New South Wales, claims declarations that the Opponent ("Nationwide") is guilty of contempt of court 1. in that being the publisher of the Daily Telegraph newspaper it did cause to be published in that newspaper on 31 July 1989 matter which was likely or calculated or had a tendency to interfere with the administration of justice in connection with the trial of Paul Gerald Mason on three charges of murder and one charge of attempted murder, and 2. in that being the publisher of the Daily Mirror newspaper it caused to be published in that newspaper on 31 July 1989 matter which was likely or calculated or had a tendency to interfere with the administration of justice in connection with the trial of Paul Gerald Mason on three charges of murder and one charge of attempted murder.