ATTORNEY GENERAL FOR NEW SOUTH WALES v AMALGAMATED TELEVISION SERVICES PTY LIMITED [1990] NSWCA 9

ATTORNEY GENERAL FOR NEW SOUTH WALES v AMALGAMATED TELEVISION SERVICES PTY LIMITED

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, KIRBY P and PRIESTLEY JA 6 August 1990, 11 October 1990 [1990] NSWCA 9

CONTEMPT — criminal contempt — television licensee transmits broadcast of police media conference following arrest of accused person — broadcast includes (1) Statement that the accused had confessed to three murders; (2) Close-up moving pictures of the accused — (3) Film showing the accused identifying an alleged murder weapon — (4) Film of the accused whilst on an aircraft with police, answering questions about messages for his father and the family of two of his alleged victims — broadcaster admits contempt — consideration of proper penalty in the circumstances — held: (By the Court) (1) The aggravated circumstances of the contempt proved included (a) The statement of accused's confession; (b) The demonstration of his confession in the very places where matters incidental to the crimes occurred and (c) The interview with the accused whilst in police custody; (2) Such aggravated circumstances would be likely to have left a potent impression on the minds of potential jurors concerning the guilt of the accused; (3) Mitigating circumstances included (a) The assumption that the broadcaster could rely on the police at their press conference to comply with the law; (b) The steps taken by the broadcaster's internal procedures to avoid contempt; (c) The plea of guilty and contrition as well as cooperation by the broadcaster in the proceedings — held further: (4) The Court must firmly stop trial by media; (5) In the circumstances a fine of $200,000 should be imposed.

Gleeson, Kirby P and Priestley JA. The Claimant, the Attorney General for New South Wales, claimed declarations that the Opponent ("Amalgamated") is guilty of contempt of court for 1. broadcasting on television on 30 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. providing the said matter to Prime Television (Southern) Pty Ltd ("Prime") knowing the said matter would be likely to be broadcast on television by Prime as it was in fact broadcast on television by Prime on 30 July 1989. The Attorney General further claimed an order that Amalgamated be dealt with for such contempt.