AB (a pseudonym) v CD (a pseudonym)EF (a pseudonym) v CD (a pseudonym)Citation:[2018] HCA 58Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:05 Nov 2018Case Number:M73/2018, M74/2018Read more

AB (a pseudonym) v CD (a pseudonym)EF (a pseudonym) v CD (a pseudonym)Citation:[2018] HCA 58Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:05 Nov 2018Case Number:M73/2018, M74/2018Read more

The court held that the information provided by EF as a police informer was subject to public interest immunity and the first respondent was not permitted to make the proposed disclosures to the convicted persons.

Parties
Applicant: Prosecution; Respondent: EF; Respondent: Several accused persons
Jurisdiction
Australia
Judgment Date
05 November 2018
Procedural Posture
Criminal / Judgment
Outcome
Appeal allowed
Legal Topics
Prosecution's Duty of Disclosure, Public Interest Immunity, Police Informer, Witness Protection, Special Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Prosecution

Applicant

EF

Respondent

Several accused persons

Respondent

Procedural Posture

Criminal / Judgment

  1. 1 Whether information provided by EF as police informer is subject to public interest immunity
  2. 2 Whether the first respondent is permitted to disclose information about EF's conduct to convicted persons
  3. 3 Whether special leave to appeal ought to be revoked

Ratio Decidendi

The court held that the information provided by EF as a police informer was subject to public interest immunity and the first respondent was not permitted to make the proposed disclosures to the convicted persons.

Court Disposition

Appeal allowed

Orders

  • Special leave to appeal revoked
  • Proposed disclosures by the first respondent are not permitted