R v Kinghorn (No 6) [2020] NSWSC 1028

R v Kinghorn (No 6) [2020] NSWSC 1028

The formulation of the separate question should not include the exception for investigative authorities other than the ATO, as the proposed form sufficiently accommodates the arguments of both parties and is apposite to the case's circumstances. Determination of the separate question is deferred pending the outcome of the accused's special leave application to the High Court.

Parties
Crown: Regina; Accused: John Alan Kinghorn
Jurisdiction
Australia
Judgment Date
05 August 2020
Procedural Posture
Criminal / Procedural Directions/pre Trial Determination of Separate Question
Outcome
Orders made for written submissions and reserved question of separate determination pending outcome of special leave application.
Legal Topics
Separate Question, Accusatorial Principle, Companion Rule, Use of Compelled Evidence, Prosecution Disclosure Obligations
Criminal Law Criminal Procedure Separate Question Accusatorial Principle Companion Rule Use of Compelled Evidence Prosecution Disclosure Obligations

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Parties

Regina

Crown

John Alan Kinghorn

Accused

Procedural Posture

Criminal / Procedural Directions/pre Trial Determination of Separate Question

Legal Issues

  1. 1 Whether the law as applied in R v Leach [2019] 1 Qd R 459 precludes investigative or prosecuting authorities from disseminating, accessing, or using content from a compulsory examination under s 264 Income Tax Assessment Act 1936 (Cth) in the prosecution of offences allegedly involving false or misleading statements during the examination.

Ratio Decidendi

The formulation of the separate question should not include the exception for investigative authorities other than the ATO, as the proposed form sufficiently accommodates the arguments of both parties and is apposite to the case's circumstances. Determination of the separate question is deferred pending the outcome of the accused's special leave application to the High Court.

Court Disposition

Orders made for written submissions and reserved question of separate determination pending outcome of special leave application.

Orders

  • On or before 4.30pm on Wednesday, 23 September 2020, the accused is to file and serve written submissions on the Leach separate question, written submissions on the substratum of facts, and a copy of the accused's tender bundle.
  • On or before 4.30pm on Wednesday, 7 October 2020, the Crown is to file and serve written submissions in answer.