NSW Crime Commission v D150 [2015] NSWSC 1842

NSW Crime Commission v D150 [2015] NSWSC 1842

Leave was granted pursuant to s 35A of the Crime Commission Act 2012 (NSW) because the statutory requirements were satisfied and the Court was satisfied that any prejudicial effect likely to arise to the trial of the defendants was outweighed by the public interest in a full investigation by the Commission.

Jurisdiction
Australia
Judgment Date
03 December 2015
Procedural Posture
Ex Parte Application / Application for Leave Under S 35 a Crime Commission Act 2012 (nsw)
Outcome
Leave granted; suppression and non-publication orders made
Legal Topics
['compulsory Examination' 'powers of Crime Commission' 'suppression/non Publication Orders' 'public Interest Vs Prejudice to Trial']
['criminal Law' 'statutory Interpretation'] ['compulsory Examination' 'powers of Crime Commission' 'suppression/non Publication Orders' 'public Interest Vs Prejudice to Trial']

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Procedural Posture

Ex Parte Application / Application for Leave Under S 35 a Crime Commission Act 2012 (nsw)

Legal Issues

  1. 1 ['Whether leave should be granted under s 35A of the Crime Commission Act 2012 (NSW) to examine accused persons who are currently charged with offences' "Whether the public interest in investigating crime outweighs potential prejudice to the accused's trial" 'Whether suppression and non-publication orders should be made']

Ratio Decidendi

Leave was granted pursuant to s 35A of the Crime Commission Act 2012 (NSW) because the statutory requirements were satisfied and the Court was satisfied that any prejudicial effect likely to arise to the trial of the defendants was outweighed by the public interest in a full investigation by the Commission.

Court Disposition

Leave granted; suppression and non-publication orders made

Orders

  • ["Non-disclosure and non-publication order issued under s 7 of the Court Suppression and Non-Publication Act 2010 (NSW) regarding the summons, defendants' names, evidence in support, and transcripts, except as required for execution of court orders and Crime Commission investigation." 'Leave granted under s 35A of...