XZ v The Queen [2000] FCA 1143

XZ v The Queen [2000] FCA 1143

The sentencing judge's discretion miscarried because the judge declined the non-publication order without regard to the relevant public policy, reflected in the common law informer rule and within the concern of s 83(1)(a) of the Evidence Act 1971 (ACT), that disclosure of a police informer's identity is likely to prejudice the administration of justice unless a countervailing public interest is shown. No countervailing public interest favouring disclosure was submitted or proved, and the evidence showed risks to the applicant and his family and potential prejudice to the administration of justice.

Jurisdiction
Australia
Judgment Date
15 August 2000
Procedural Posture
Criminal Law Application for Leave to Appeal and Appeal Concerning a Non Publication Order Under S 83(1) of the Evidence Act 1971 (act) / Application for Leave to Appeal From a Supreme Court of the Australian Capital Territory Decision Declining to Forbid Publication of Specified Evidence; Appeal Heard and Determined
Outcome
Application for leave to appeal granted; appeal allowed; publication of specified evidence forbidden.
Legal Topics
['police Informer Identity' 'non Publication Order' 'prejudice to the Administration of Justice' 'cooperation With Law Enforcement Agencies' 'drug Trafficking Information']
['criminal Law' 'evidence' 'public Interest Immunity'] ['police Informer Identity' 'non Publication Order' 'prejudice to the Administration of Justice' 'cooperation With Law Enforcement Agencies' 'drug Trafficking Information']

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Procedural Posture

Criminal Law Application for Leave to Appeal and Appeal Concerning a Non Publication Order Under S 83(1) of the Evidence Act 1971 (act) / Application for Leave to Appeal From a Supreme Court of the Australian Capital Territory Decision Declining to Forbid Publication of Specified Evidence; Appeal Heard and Determined

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the sentencing judge's refusal to make a non-publication order under s 83(1) of the Evidence Act 1971 (ACT)." 'Whether publication of evidence identifying or tending to identify the applicant as prepared to assist police, and identifying another person involved in drug trafficking, was likely to prejudice the administration of justice.' "Whether the sentencing judge's discretion miscarried by failing to have regard to the common law public policy protecting the identity of police informers."]

Ratio Decidendi

The sentencing judge's discretion miscarried because the judge declined the non-publication order without regard to the relevant public policy, reflected in the common law informer rule and within the concern of s 83(1)(a) of the Evidence Act 1971 (ACT), that disclosure of a police informer's identity is likely to prejudice the administration of justice unless a countervailing public interest is shown. No countervailing public interest favouring disclosure was submitted or proved, and the evidence showed risks to the applicant and his family and potential prejudice to the administration of justice.

Court Disposition

Application for leave to appeal granted; appeal allowed; publication of specified evidence forbidden.

Orders

  • ['The application for leave to appeal be granted.' 'The appeal be allowed.' 'The publication of evidence identifying or tending to identify the applicant/appellant as being prepared to assist the Australian Federal Police by providing information concerning any person involved in drug trafficking, and the identity...