NSW Crime Commission v D101 [2020] NSWSC 809

NSW Crime Commission v D101 [2020] NSWSC 809

It is necessary to vacate orders suppressing the defendant's identity and requiring use of a pseudonym to permit the Crime Commission to fulfil its duty of disclosure to the DPP. Since the defendant is no longer charged and remains protected by Commission-issued non-publication directions, the orders are no longer required, and vacation allows essential disclosures for pending criminal trials.

Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Notice of Motion / Post Indictment; Application to Vacate Suppression Orders
Outcome
Orders vacated as sought by the Commission; notations made regarding ongoing effect of Commission's non-publication directions.
Legal Topics
['crime Commission Powers' 'suppression Orders' 'non Publication Orders' 'duty of Disclosure' 'investigative Agencies']
['criminal Law' 'procedure'] ['crime Commission Powers' 'suppression Orders' 'non Publication Orders' 'duty of Disclosure' 'investigative Agencies']

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Procedural Posture

Notice of Motion / Post Indictment; Application to Vacate Suppression Orders

Legal Issues

  1. 1 ['Whether it is appropriate to vacate existing suppression and pseudonym orders concerning the defendant to permit disclosure to the DPP']

Ratio Decidendi

It is necessary to vacate orders suppressing the defendant's identity and requiring use of a pseudonym to permit the Crime Commission to fulfil its duty of disclosure to the DPP. Since the defendant is no longer charged and remains protected by Commission-issued non-publication directions, the orders are no longer required, and vacation allows essential disclosures for pending criminal trials.

Court Disposition

Orders vacated as sought by the Commission; notations made regarding ongoing effect of Commission's non-publication directions.

Orders

  • ['The Court vacates orders 3(1)(b) and 4 of the orders made on 28 April 2016 in these proceedings.' "The Court notes the defendant is no longer subject to the charges; the vacated orders related to suppression/non-publication of identity and pseudonym; Commission's s 45 directions remain in effect."]