NSW Caselaw
HER MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES v TIME INC MAGAZINE COMPANY PTY LTD [No 2]
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
KirBY P, HANDLEY and SHELLER JJA 22 June 1994, 30 June 1994 [1994] NSWCA 135
CONTEMPT — practice — hearing of summons for contempt — alleged tendency to interfere in the administration of justice in relation to a pending criminal trial — publication of photograph of accused person on cover and in article within popular magazine — whether such publication constitutes contempt of court — whether contempt arises from the possibility of disputes as to identification at the accused's trial whether prosecutor must show a real risk that identification will in fact be in issue at the trial of the accused — normal practice of the Court to adjourn contempt proceedings — whether that practice should be followed — whether adjournment is required by accused to permit the accused a full opportunity of cross-examination of witnesses held: (Kirby P and Handley JA, Sheller JA dissenting):
(1) The normal practice in New South Wales is to adjourn contempt proceedings involving the media until after the criminal trial is completed.
Attorney General for New South Wales v John Fairfax and Sons Ltd and Anor
(1985) 1 NSWLR 402 (CA) considered;
Attorney-General v Mirror Newspapers Ltd (1962) 62 SR (NSW) 421 and Sun Newspapers Pty Ltd v William Murray (1992) 58 ACrimR 281 (SC Q) referred to;
(2) However, this practice although "normal" is not universal or inflexible and will adapt to the circumstances of the particular cases;
(3) In the instant case, having regard to the principal issue for determination, it was appropriate and desirable that the summons for contempt should be heard as quickly as possible;
(4) In the event that the hearing of the summons presented any real risk to the fair trial of the accused, the Court would adjourn the further hearing until after the trial;
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