Dau, Allan John v Emanuele, Guiseppe [1995] FCA 995

C A T C H W O R D S CRIMINAL LAW - ENTRAPMENT - Bribery charge - Statements by bribed official suggesting amenability to bribery - Whether entrapment may be found in a case where the accused has denied any impropriety - Whether accused was induced to commit a crime he would not otherwise have committed - Relevance of warnings given to accused by his associates - Whether conduct of the bribed official was so improper as to require exclusion of evidence of the offence on public policy grounds - OPPRESSION - Trial extended over period exceeding eight years from date of charge - Causes of delay - Whether delay oppressive. Crimes Act 1914, s.73 ALLAN JOHN DAU v GUISEPPE EMANUELE ACT G.25 of 1995 CORAM: GALLOP, WILCOX and BURCHETT JJ PLACE: CANBERRA DATE: 4 DECEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. ACT G.25 of 1995 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: ALLAN JOHN DAU Appellant

AND: GUISEPPE EMANUELE Respondent CORAM: GALLOP, WILCOX AND BURCHETT JJ PLACE: CANBERRA DATE: 4 DECEMBER 1995

MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. ACT G.25 of 1995 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: ALLAN JOHN DAU Appellant

AND: GUISEPPE EMANUELE Respondent

CORAM: GALLOP, WILCOX AND BURCHETT JJ PLACE: CANBERRA DATE: 4 DECEMBER 1995