HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v TIME INC MAGAZINE CO PTY LTD and ANOR [1994] NSWCA 133

HER MAJESTY'S ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v TIME INC MAGAZINE CO PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, SHELLER and COLE JJA 30 September 1994, 21 October 1994 [1994] NSWCA 133

CONTEMPT OF COURT PENALTY — publication of photograph of accused person — evidence showing opponents took conscious and calculated risk — mnitigating factors.

CONTEMPT OF COURT — PENALTY In circumstances where identification was the main issue at a pending murder trial, the opponents published, in a magazine of wide circulation, a photograph of the accused. This was held to be in contempt of court. The evidence showed that in deciding to publish, the opponents took a conscious and calculated risk. Mitigating factors included an apology, the fact that this was a first offence, the fact that there was no intention to interfere with a trial, and the fact that there was no evidence of actual harm — HELD — Appropriate penalties were a fine of $100,000 on the publisher and of $10,000 on the editor.

ORDERS

1. Declare that the first opponent is guilty of contempt of court in that, being the publisher of "Who Weekly" magazine, it published in that magazine, on or about 6 June 1994, matter which was likely, or calculated, or had a tendency, to interfere with the proper administration of justice in connection with the trial of Ivan Robert Marko Milat, on charges including seven charges of murder, one charge of attempted murder, one charge of armed robbery and firearms charges.

2. Declare that the second opponent is guilty of contempt of court in that, between 22 May 1994 and 6 June 1994, being the editor of "Who Weekly" magazine, he edited matter in circumstances where it was likely that the said matter would be published, on or about 6 June 1994, which matter was likely, or calculated, or had a tendency, to interfere with the proper administration of justice in connection with the trial of Ivan Robert Marko Milat, on charges including seven charges of murder, one charge of attempted murder, one charge of armed robbery, and firearms charges.