ATTORNEY GENERAL FOR NEW SOUTH WALES v UNITED TELECASTERS [1990] NSWCA 11

ATTORNEY GENERAL FOR NEW SOUTH WALES vy UNITED TELECASTERS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, KIRBY P and PRIESTLEY JA 2 August 1990, 11 October 1990 [1990] NSWCA 11

CONTEMPT — criminal contempt — television broadcast contains statements that an accused person has confessed to three murders — closeup — moving photographs of the accused person broadcast after arrest but before his appearance in court — television licensee admits contempt — held: (1) A declaration of contempt of court should be made. As a general rule the publication, otherwise than as a fair report of court proceedings, of the fact that an accused person has made an alleged confession out of court before trial is likely to be prejudicial to a fair trial of accused and to constitute contempt. Attorney — General (NSW) v John Fairfax and Sons Ltd [1980] 1 NSWLR 362; Hinch v Attorney General of Victoria (1987) 164 CLR 15 applied: (2) The licensee should be fined $75,000. Reference made to the relevance of (a) Proportionality of punishment of connected cases; (b) Plea of guilty; (c) Expressions of regret and of appreciation of the seriousness of the contempt involved; (d) Steps taken to improve the system for monitoring and excluding from broadcast material in contempt of court; (e) Pre-existing publicity of accused during a manhunt; (f) The delay between the broadcast and any trial of the accused and the capacity of a jury to exclude from its mind pretial publicity. Attorney General for New South Wales v John Fairfax and Sons Ltd and Bacon (1986) 6 NSWLR 695, 711 referred to. Director of Public Prosecutions v John Fairfax and Sons Ltd and Others (1987) 8 NSWLR 732 distinguished.

Gleeson CJ, Kirby P and Priestley JA. By his amended summons, the Attorney General seeks a declaration that United Telecasters Sydney Limited (the opponent) is guilty of contempt of court for broadcasting on television on 30 July 1989 matter which 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. The Attorney General also seeks an order that the opponent be punished or otherwise dealt with for such contempt of court. The opponent admitted the contempt. It is consented to the Court's making a declaration in the terms sought. The only issue before the court is therefore the penalty, if any, which ought to be imposed in the circumstances proved by the evidence.