New South Wales Crime Commission v D101 [2016] NSWSC 548

New South Wales Crime Commission v D101 [2016] NSWSC 548

The supporting affidavit established the belief and suspicion required by s 35A(4). Any likely prejudice to the defendant's trial was outweighed by the public interest in fully investigating the matter, and leave was granted subject to conditions to minimise prejudice.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Ex Parte Application for Leave to Examine an Accused Person Under Crime Commission Act 2012 (nsw) / Application for Leave—determined at First Instance
Outcome
Leave granted with conditions to examine the accused before the Commission
Legal Topics
['investigation Powers' 'examination of Accused' 'court Suppression and Non Publication Orders' 'public Interest Vs. Prejudicial Effect']
['criminal Law' 'procedural Law'] ['investigation Powers' 'examination of Accused' 'court Suppression and Non Publication Orders' 'public Interest Vs. Prejudicial Effect']

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Procedural Posture

Ex Parte Application for Leave to Examine an Accused Person Under Crime Commission Act 2012 (nsw) / Application for Leave—determined at First Instance

Legal Issues

  1. 1 ['Whether leave should be granted under s 35A of the Crime Commission Act 2012 (NSW) to examine an accused about the subject offence' 'Whether supporting evidence establishes the requisite belief and suspicion under s 35A(4)' "Whether the public interest outweighs any likely prejudicial effect to the accused's trial" 'What conditions should be imposed to minimise prejudice']

Ratio Decidendi

The supporting affidavit established the belief and suspicion required by s 35A(4). Any likely prejudice to the defendant's trial was outweighed by the public interest in fully investigating the matter, and leave was granted subject to conditions to minimise prejudice.

Court Disposition

Leave granted with conditions to examine the accused before the Commission

Orders

  • ['Leave is granted under s 35A of the Crime Commission Act 2012 (NSW) to question and make full requirements of D101 during a Commission hearing for the subject offences.' 'The defendant is to be referred to by the pseudonym D101.' "Suppression and non-publication orders made regarding the summons, defendant's name,...