R v The Herald and Weekly Times Pty Ltd

The Herald and Weekly Times Pty Ltd was charged with criminal contempt of court following an article published in the Herald Sun newspaper. The article reported on an ongoing proceeding in the Supreme Court of Victoria. The case was heard in the County Court of Victoria, which has jurisdiction to hear contempt cases under the Supreme Court Act 1986 (Vic). The key issue before the court was the appropriate penalty to impose on the defendant for its contempt of court, following its guilty plea. The court was required to consider the relevant aggravating and mitigating factors in determining the penalty.

The court held that the pressures arising from publication deadlines were a relevant factor to consider when determining the appropriate penalty for contempt of court. The fact that the defendant had obtained legal advice was also a relevant factor, but the court was unable to determine the weight to give to this factor because the content of the legal advice was not disclosed. The court also noted that the editor of the newspaper had a special position of responsibility in ensuring that the publication complied with the court’s orders. The court held that the Sentencing Act 1991 (Vic) applied to punishment for contempt of court and that the court should have regard to the purposes of sentencing outlined in s 7 of the Act.

The court found that the contempt was serious and deliberate and that there was a significant risk that the publication would have a substantial adverse effect on the fair administration of justice. The court held that the appropriate penalty was a fine of $100,000. The court noted that the fine should be sufficient to deter the defendant and others from committing similar offences in the future. The court also noted that the fine should reflect the seriousness of the contempt and the need to uphold the authority of the court. The court ordered that the fine be paid within 28 days of the judgment.