Federal Court of Australia
JUDGMENT No. ....JO4) 7 94
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CATCHWORDS
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Criminal Law - Particular offences - Defraud the Commonwealth - To amperil the economic interest of the Commonwealth a defrauding.
Crimina] Law - Particular offences - Organised fraud - Identification of constituent elements of the offence - Joinder of counts of "public fraud offences" satisfying s.83 (2)(a) of Proceeds of Crime Act 1987 (Cth) with count of organised fraud permissible.
Criminal Law - Appeal and new trial - Particular grounds - Irregularities in relation to jury - Prejudicial material not an evidence entering jury room - Miscarriage of justice.
Evidence - Admissibility - Evidence unlawfully or irregularly obtained - Telephonic interception outside Australia - Admissibility in Australian court considered.
Evidence - Mechanical records - Listening device - Proper construction of Australian Federal Police Act 1979, s.12F considered.
Trespass - Trespass to land - Justification - Leave and licence - Limited permission to enter - Entry and conduct on land ostensibly within permission - Covert recording by person entering of conversation with licensor - Held no trespass.
The Australian Federal Police Act 1979 - s 12F The Crimes Act 1913 - s 29D The Proceeds of Crime Act 1987 - s 83
T. C. Domican (No. 3) (1990) 46 A.Cr.R. 428
R. v. Rinaldi (1993) 30 N.S.W.L.R. 605
Reg. v. Marsland (unreported; Supreme Court of New South Wales; judgment 17 July 1991)
R. v. Emett (1988) 14 N.S.W.L.R. 327
Byrne v. Kinematrograph Renters Society Ltd. [1958] 1 W.L.R. Barker v. The Queen (1983) 153 C.L.R. 338
R. v. Pfennig (No. 1) (1992) 57 S.A.S.R. 507
Bunning v. Cross (1978) 141 C.L.R. 54
Wal Y-tsang v. The Queen [1992] 1 A.C. 269
R. v. Allsop (1976) 64 CR.A.R. 29
TERENCE FRANCIS BARKER v. THE QUEEN
ACT G43 of 1994
RECEIVED
JANICE DOREEN JUNE HARPER v. THE QUEEN 29 DEC 1994 FEDERAL COURT OF ACT G44 of 1994 AUSTRALIA PRINCIPAL
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