ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v X [2000] NSWCA 199

Reported Decision : (2000) 49 NSWLR 653

New South Wales Court of Appeal

CITATION : ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v X [2000] NSWCA 199 FILE NUMBER(S) : CA 40304/99 HEARING DATE(S) : 16 December 1999 JUDGMENT DATE : 2 August 2000

PARTIES : ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v X JUDGMENT OF : Spigelman CJ at 1; Mason P at 151; Priestley JA at 226

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : LOWER COURT Barr J JUDICIAL OFFICER :

COUNSEL : Appellant: M G Sexton SC (Solicitor General) Respondent: S D Rares SC; M Wigney SOLICITORS : Appellant: I V Knight, State Crown Solicitor Respondent: Freehill Hollingdale & Page CATCHWORDS : Contempt - criminal contempt - media - Supreme Court Act 1970 s101A - publication of material about the accused in upcoming trial - implied or suggested guilt of the accused - Bread Manufacturers public interest defence - balancing conflicting public interests - question of law - contrast between balancing conflicting public interests and the exercise of a judicial discretion - detriment to the trial not outweighed by the public interest in the freedom of communication - no predetermined balance where there is an implication of accused's guilt by a publication - right to a fair trial - incidental and unintended prejudicial effect of published articles. D Attorney General (NSW) v Willesee (1980) 2 NSWLR 143 Director of Public Prosecutions v Australian Broadcasting Corporation (1987) 7 NSWLR 588 Director of Public Prosecutions v Wran (1986) 7 NSWLR 616 CASES CITED: Ex parte Bread Manufacturers Ltd; Re Truth and Sportsman Ltd (1937) 37 SR(NSW) 242 Hinch v Attorney-General (Victoria) (1987) 164 CLR 15 Minister for Aboriginal Affairs v Peko Wallsend Limited (1986) 162 CLR 24 R v J (1987) 9 NSWLR 615 Victoria v Australian Building Construction Employees' and Builders Labourers' Federation (1982) 152 CLR 25 DECISION : Appeal dismissed