HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE PTY LTD [1993] NSWCA 135

HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY JA, CLARKE and HANDLEY JJ 26 November 1992, 19 March 1993

[1993] NSWCA 135

CONTEMPT — radio station and announcer both charged with contempt in respect of two broadcasts on successive days — station consents to declarations that contempt was committed — announcer disputes liability — announcer found guilty — relevant facts set out in reasons published 28 August 1992 — objective features of the two contempts serious — subjective matters advanced in mitigation on behalf of radio station include no prior convictions, complete change in shareholding of station subsequent to commission of contempts, and introduction of system to avoid contempt, guilty plea and expression of regret — subjective matters advanced on behalf of announcer include no prior convictions, expression of regret and proof of donation of time for worthy causes.

Held: as to the radio station — not much weight to be attributed to steps subsequently taken — need for deterrence — appropriate fine $35,000 for first contempt and $40,000 for second — as to announcer, declared to be guilty of both contempts, ordered to pay the Attorney General's costs of the proceedings against him in respect of both contempts and in respect of the second contempt also ordered to pay a fine of $2,000.

Priestley JA, Clarke and Handley JJ On 28 August 1992 we published our reasonsfor concluding that declarations should be made that both 2UE and Mr Alan Jones were guilty of contempt by reason of their conduct in respect of two radio broadcasts, one on 9 July 1990 and the other on 10 July 1990. On 26 November 1992 we heard evidence and argument on the matter of penalty.

Nearly all the relevant facts are set out in the reasons published on 28 August 1992 Additional evidence tendered in the penalty hearing consisted of three affidavits filed on behalf of the Attorney General, one on behalf of 2UE and one by Mr Jones.