Dau, Allan John v Emanuele, Guiseppe [1995] FCA 995

Dau, Allan John v Emanuele, Guiseppe [1995] FCA 995

The conduct of the Commonwealth officer, Mr Hedley, amounted to entrapment as he went beyond providing an opportunity to induce Emanuele to commit the offence; this degree of manipulation was improper and required exclusion of the evidence. The exclusion of this evidence necessitated quashing the conviction and permanently staying proceedings. Delay, though oppressive, was not the sole ground for the outcome.

Jurisdiction
Australia
Judgment Date
04 December 1995
Procedural Posture
Criminal Appeal / Appeal From Supreme Court of the Australian Capital Territory to the Federal Court of Australia
Outcome
Appeal dismissed; orders of Higgins J upheld.
Legal Topics
['entrapment' 'oppression' 'abuse of Process' 'bribery' 'delay in Proceedings']
['criminal Law'] ['entrapment' 'oppression' 'abuse of Process' 'bribery' 'delay in Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal From Supreme Court of the Australian Capital Territory to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the conduct of a Commonwealth officer constituted entrapment requiring the exclusion of evidence and a stay of proceedings' 'Whether delay in the proceedings was so oppressive as to warrant a stay of proceedings']

Ratio Decidendi

The conduct of the Commonwealth officer, Mr Hedley, amounted to entrapment as he went beyond providing an opportunity to induce Emanuele to commit the offence; this degree of manipulation was improper and required exclusion of the evidence. The exclusion of this evidence necessitated quashing the conviction and permanently staying proceedings. Delay, though oppressive, was not the sole ground for the outcome.

Court Disposition

Appeal dismissed; orders of Higgins J upheld.

Orders

  • ['Appeal dismissed.' 'Orders of Higgins J upheld.' 'Stay of proceedings on the information to be permanent.']