REGISTRAR OF THE COURT OF APPEAL v JOHN FAIRFAX GROUP PTY LTD and ANOR [1994] NSWCA 262

REGISTRAR OF THE COURT OF APPEAL v JOHN FAIRFAX GROUP PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, MAHONEY and POWELL JJA 11 October 1994, 21 October 1994 [1994] NSWCA 262

JUDGMENT CONTEMPT OF COURT — reference by District Court judge — publication during trial of article referring to recent conviction of one of two accused persons — application of established test — defence on basis that publication could not have prejudiced proceedings because of matters that were disclosed in the course of the trial — publication resulted in aborting of trial of co-accused — information received in course of trial distinguished from that in the article — contempt found. CONTEMPT OF COURT During the hearing of a trial of an accused on a charge of conspiracy to rob an Armaguard van, the opponents published an article which revealed that he had recently been convicted of the armed robbery of another Armaguard van. This information was not in evidence at the trial, although the jury were aware that the accused had a criminal history. The issue was whether, having regard to the prejudicial material already before the jury,'the publication carried with it a real risk of serious prejudice to the fair trial of the accused — HELD — It did. What was involved was a contempt of court.

ORDERS Proceedings stood over for evidence and argument on the question of penalty.

Gleeson CJ The claimant seeks declarations that the two opponents are guilty of contempt of court, and the imposition of appropriate penalties. The matter comes before the court on a reference by Judge Gallen of the District Court, pursuant to s203 of the District Court Act 1973. Following such reference, the claimant was, by the provisions of SCR Pt55 R11(3), obliged to commence proceedings for punishment of the alleged contempt. In accordance with the usual practice, the court has heard evidence and argument on liability, and will hear further evidence and argument in due course on the matter of penalty if that issue arises.