Shepherd, R.E. v. Griffiths, I.M. & Anor [1985] FCA 149

Shepherd, R.E. v. Griffiths, I.M. & Anor [1985] FCA 149

A committal proceeding constitutes 'a proceeding by way of a prosecution for an offence against the law of the Commonwealth' within the meaning of s.7(6)(c) of the Telecommunications (Interception) Act 1979; thus, evidence obtained under a properly authorized warrant under the Act may be admissible in such a proceeding, and the statutory phrase is not limited to trials on indictment.

Parties
Applicant: Robert Edmund Shepherd; First Respondent: Jan Michael Griffiths; Second Respondent: Lois Norma Jones
Jurisdiction
Australia
Judgment Date
17 April 1985
Procedural Posture
Application for Judicial Review / Reasons for Judgment Following Application for Review of Committal Proceeding Decision
Outcome
Application granted. Declaration made.
Legal Topics
Judicial Review of Committal Proceedings, Admissibility of Telecommunications Interception Evidence, Statutory Interpretation of 'prosecution' in Committal Proceedings
Administrative Law Criminal Law Judicial Review of Committal Proceedings Admissibility of Telecommunications Interception Evidence Statutory Interpretation of 'prosecution' in Committal Proceedings

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Parties

Robert Edmund Shepherd

Applicant

Jan Michael Griffiths

First Respondent

Lois Norma Jones

Second Respondent

Procedural Posture

Application for Judicial Review / Reasons for Judgment Following Application for Review of Committal Proceeding Decision

Legal Issues

  1. 1 Whether a committal proceeding constitutes 'a proceeding by way of a prosecution' under s.7(6)(c) of the Telecommunications (Interception) Act 1979
  2. 2 Whether evidence obtained via telecommunications interception pursuant to warrant is admissible in a committal proceeding
  3. 3 Whether the Court should exercise discretion to review the magistrate's conduct in this context

Ratio Decidendi

A committal proceeding constitutes 'a proceeding by way of a prosecution for an offence against the law of the Commonwealth' within the meaning of s.7(6)(c) of the Telecommunications (Interception) Act 1979; thus, evidence obtained under a properly authorized warrant under the Act may be admissible in such a proceeding, and the statutory phrase is not limited to trials on indictment.

Court Disposition

Application granted. Declaration made.

Orders

  • Declare that the preliminary investigation which the first respondent sat on 19 and 20 November 1984 to take in respect of the indictable offence with which the second respondent was charged is a proceeding by way of a prosecution for an offence against the law of the Commonwealth within the meaning of s.7(6)(c) of...