New South Wales Crime Commission v D108 [2019] NSWSC 1035

New South Wales Crime Commission v D108 [2019] NSWSC 1035

Given the statutory protections against prejudice to a fair trial and the Court's inability to predict a breach of those protections, the likelihood of prejudice to the accused's trial is negligible. Accordingly, the public interest in fully investigating serious offences outweighs any potential prejudicial effect, and leave should be granted under s 35A(5) of the Crime Commission Act 2012 (NSW).

Jurisdiction
Australia
Judgment Date
12 August 2019
Procedural Posture
Application for Leave to Examine Accused / Interlocutory
Outcome
Leave granted to the plaintiff to examine the defendant in relation to the subject matter of the offence with which he is currently charged.
Legal Topics
['crime Commission Powers' 'examination of Accused' 'suppression Orders']
['criminal Law' 'procedural Law'] ['crime Commission Powers' 'examination of Accused' 'suppression Orders']

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Procedural Posture

Application for Leave to Examine Accused / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted under s 35A of the Crime Commission Act 2012 (NSW) to examine an accused person regarding the subject matter of a pending offence.']

Ratio Decidendi

Given the statutory protections against prejudice to a fair trial and the Court's inability to predict a breach of those protections, the likelihood of prejudice to the accused's trial is negligible. Accordingly, the public interest in fully investigating serious offences outweighs any potential prejudicial effect, and leave should be granted under s 35A(5) of the Crime Commission Act 2012 (NSW).

Court Disposition

Leave granted to the plaintiff to examine the defendant in relation to the subject matter of the offence with which he is currently charged.

Orders

  • ['Leave granted to the plaintiff pursuant to s 35A of the Crime Commission Act 2012 to examine the defendant in relation to the subject matter of the offence with which he is currently charged.']