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

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and HANDLEY JJA 24, 25, 26 August 1992, 28 August 1992 [1992] NSWCA 14

CONTEMPT OF COURT — interference with administration of justice — prejudicing of fair trial of criminal charge — two radio broadcasts refer to pending trial — summons 40225/91 against 2UE and Jones filed in respect of first broadcast — summons 40226/91 filed against 2UE, Jones and Kenny in respect of second broadcast — issues raised in both summonses as to (1) whether 2UE and Jones knew trial pending, (2) whether contempt may occur without intention to interfere with trial, and, if so, (3) whether the matter broadcast was contemptuous.

Held; in summons 40225/91: (1) on evidence, Jones unaware of pendency, (2) contempt committed when publication creates real risk of interference with administration of justice, regardless of lack of intention, (3) on evidence, broadcast created real risk of interference with administration of justice and therefore contemptuous. Held; in summons 40226/91:

(1) on evidence, Jones unaware of pendency, (2) contempt committed when publication creates real risk of interference with administration of justice, regardless of lack of intention, (3) on evidence, broadcast created real risk of interference with administration of justice and therefore contemptuous, (4) Kenny responsible only for words spoken by him in broadcast, unlike 2UE and Jones who were responsible for whole broadcast, (5) that part of the broadcast consisting of statements by Kenny did not create (Priestley JA dissenting) a real risk of interference with administration of justice and therefore not contemptuous.

AG for NSW v TCN Channel Nine Pty Ltd (1990) 20 NSWLR 368 cited. Ex parte Bread Manufacturers Ltd re Truth and Sportsman (1937) 37 SR (NSW) 242 cited.