NSW Caselaw
Reported Decision : 181 A Crim R 507
New South Wales Supreme Court
CITATION : Director of Public Prosecutions (Cth) v Elisabeth Sexton [2008] NSWSC 152 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 31/01/2008
JUDGMENT DATE : 3 March 2008
JUDGMENT OF : Howie J at 1
DECISION : The Summons is dismissed.
CATCHWORDS : Contempt - criminal contempt - media - publication of material about accused standing trial - allegation that accused attempted to "derail" trial by appealing to Court of Criminal Appeal - jury discharged - whether publication amounted to contempt - whether journalist named in byline the author - relevance of effect of publication on trial.
LEGISLATION CITED : Crimes Act 1914 - s 39 Criminal Appeal Act 1912 (NSW) - s 5F
CATEGORY : Principal judgment
Ex parte Bread Manufacturers; Re Truth and Sportsman Ltd 37 SR (NSW) 242 The Queen v Nationwide News Pty Ltd (unreported, 22 December 1997) Registrar of Court of Appeal v John Fairfax Group Pty Ltd (NSWCA, 21 April 1993, unreported) Registrar of the Court of Appeal v Willesee (1985) 3 NSWLR 650 CASES CITED : Hinch v Attorney General (Vic) (1987) 164 CLR 15 Attorney General (NSW) v Dean (1990) 20 NSWLR 650 Giorgianni v The Queen (1985) 156 CLR 473R v David Syme & Co Ltd [1982] VR 173 R v Pacini [1956] VLR 544 Attorney General (NSW) v X [2000] NSWCA 199, (2000) NSWLR 653 Kanaan v R [2006] NSWCCA 109
PARTIES : Director of Public Prosecutions (Cth) v Elisabeth Sexton and John Fairfax Publications Pty Ltd
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