R v Derryn Hinch

The case before the court involved a contempt charge against the respondent, who had breached a suppression order by publishing information about a criminal case on his website. The matter was heard in the Supreme Court of Victoria. The respondent was found guilty of breaching the non-publication order which had been issued by the Supreme Court, and the case proceeded to determine the appropriate sentence for this contempt.

The legal issues before the court included determining whether the respondent's actions were indeed contemptuous, and if so, what the appropriate punishment should be. The court needed to consider the nature and seriousness of the contempt, the respondent's disposition and any mitigating factors, such as an apology. Additionally, the court had to decide on the amount of costs to be awarded to the applicant.

The court found that the respondent had indeed committed contempt by publishing the prohibited information. The court considered various factors, including the respondent's apology, which was found to be insincere. The court also took into account the seriousness of the contempt and the need to uphold the authority of the court. As a result, the respondent was convicted and ordered to pay a fine of $100,000, with the alternative of imprisonment if the fine was not paid. The court also ordered the respondent to pay the applicant's costs on the standard basis.