NSW Crime Commission v D109 [2020] NSWSC 810

NSW Crime Commission v D109 [2020] NSWSC 810

The suppression and pseudonym orders were vacated to enable the Commission to fulfil its legal duty to disclose to the DPP information relevant to pending prosecutions, in accordance with statutory and common law obligations, as there was no relevant prejudice to D109 that would warrant continuing the orders or require an opportunity for D109 to be heard.

Parties
Plaintiff: NSW Crime Commission; Defendant: D109
Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Application to Vacate Confidentiality/non Publication Orders / Final Determination
Outcome
Orders made vacating the pseudonym and non-publication orders previously granted by McCallum J to the extent set out; non-publication directions under s 45 of the Crime Commission Act 2012 to remain in effect.
Legal Topics
Crime Commission Powers, Non Publication Orders, Disclosure Obligations, Suppression Orders
Criminal Law Procedure Crime Commission Powers Non Publication Orders Disclosure Obligations Suppression Orders

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 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

NSW Crime Commission

Plaintiff

D109

Defendant

Procedural Posture

Application to Vacate Confidentiality/non Publication Orders / Final Determination

Legal Issues

  1. 1 Whether non-publication orders and pseudonym orders previously granted should be vacated to permit disclosure to the prosecution/DPP
  2. 2 Whether disclosure would be detrimental to D109 or require an opportunity to be heard

Ratio Decidendi

The suppression and pseudonym orders were vacated to enable the Commission to fulfil its legal duty to disclose to the DPP information relevant to pending prosecutions, in accordance with statutory and common law obligations, as there was no relevant prejudice to D109 that would warrant continuing the orders or require an opportunity for D109 to be heard.

Court Disposition

Orders made vacating the pseudonym and non-publication orders previously granted by McCallum J to the extent set out; non-publication directions under s 45 of the Crime Commission Act 2012 to remain in effect.

Orders

  • Vacate the order made on 26 August 2015 by McCallum J that the defendant be referred to as D109.
  • Vacate order 1(b) of the orders made on 26 August 2015 by McCallum J.