S v Boulton (Examiner, Australian Crime Commission) [2006] FCAFC 99

S v Boulton (Examiner, Australian Crime Commission) [2006] FCAFC 99

The common law privilege against spousal incrimination does not extend to de facto spouses. Even if such privilege exists, the Australian Crime Commission Act 2002 (Cth) abrogates it. Public interest immunity does not apply to protect de facto spousal privilege.

Parties
Appellant: S; First Respondent: William McLean Boulton (Examiner, Australian Crime Commission); Second Respondent: Australian Crime Commission
Jurisdiction
Australia
Judgment Date
23 June 2006
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs
Legal Topics
Spousal Privilege, Privilege Against Self Incrimination, Competence and Compellability of Witnesses, Statutory Abrogation of Privilege, Public Interest Immunity
Evidence Criminal Law Practice and Procedure Spousal Privilege Privilege Against Self Incrimination Competence and Compellability of Witnesses Statutory Abrogation of Privilege Public Interest Immunity

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Parties

S

Appellant

William McLean Boulton (Examiner, Australian Crime Commission)

First Respondent

Australian Crime Commission

Second Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Does the common law recognise a privilege against spousal incrimination?
  2. 2 If so, does the privilege extend to de facto spouses?
  3. 3 Whether, if the privilege exists, it is excluded by the Australian Crime Commission Act 2002 (Cth).

Ratio Decidendi

The common law privilege against spousal incrimination does not extend to de facto spouses. Even if such privilege exists, the Australian Crime Commission Act 2002 (Cth) abrogates it. Public interest immunity does not apply to protect de facto spousal privilege.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.