NSW Caselaw
Reported Decision : 6 DCLR (NSW) 293
New South Wales District Court
CITATION: Alan Belford Jones; Harbour Radio Pty Ltd; Nationwide News Pty Ltd v Regina [2008] NSWDC 8 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24/09/07, 25/09/07, 02/11/07, 19/12/07
JUDGMENT DATE: 11 February 2008
JURISDICTION: Criminal
JUDGMENT OF: Finnane QC DCJ
DECISION: I find the prosecution has established its case against each of the appellants and I find each case proved.
CATCHWORDS: criminal - appeal - age of child - children - criminal proceeding - consent to publication of name of child - evidence - evidentiary burden - honest and reasonably mistaken belief - meaning of publication and broadcasting - offence of strict liability - protection of freedom of communication relating to government or political matters - publication of name of child - relevant issue at law
Broadcasting Services Act 1992 LEGISLATION CITED: Children (Criminal Proceedings) Act 1987, s. 11 Constitution Act 1901 (Cth) ss7, 24, 5, 64, s128 Evidence Act 1995, ss 65(2), 135, 137
Hawthorne (Department of Health) v Morcam Pty Ltd (1992) 29 NSWLR 120 Nationwide News v Wells (1992) 177 CLR 1 CASES CITED: Australian Capital Television Pty Ltd v the Commonwealth (1992) 177 CLR 106 Attorney General v 2UE Pty Ltd [2006] NSWCA 349 Lange v ABC (1997) 189 CLR 520
Alan Belford Jones PARTIES: Harbour Radio Pty Ltd Nationwide News Pty Ltd Regina
FILE NUMBER(S): 07/12/0534 (Alan Jones); 07/12/0533 (Harbour Radio); 07/12/0664 (Nationwide News)
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