XZ v The Queen [2000] FCA 1143

FEDERAL COURT OF AUSTRALIA

XZ v The Queen [2000] FCA 1143 CRIMINAL LAW – police informer – disclosure of assistance to police endangering safety of informer and family – common law rule against disclosure of informer's identity based on public policy – whether order for non-publication of informer's identity and related evidence warranted – whether publication likely to prejudice administration of justice.

Evidence Act 1971 (ACT), s 83(1) Drugs of Dependence Act 1989 (ACT), s 164(2)(c) Magistrates Court Act 1930 (ACT), s 90A Crimes Act 1900 (ACT), s 429A(1)(h)

Marks v Beyfus (1890) 25 QBD 494 cited Sankey v Whitlam (1978) 142 CLR 1 cited Signorotto v Nicholson [1982] VR 413 cited Cain v Glass (No 2) [1985] 3 NSWLR 230 cited R v Abdullah [1999] NSWCCA 188 cited R v Lewes Justices; ex parte Secretary of State for the Home Department [1973] AC 388 cited D v National Society for the Prevention of Cruelty to Children [1978] AC 171 cited R v Lennon (1985) 38 SASR 356 cited XZ v THE QUEEN A 25 of 2000 BURCHETT, HIGGINS & KENNY JJ CANBERRA 15 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 25 OF 2000

BETWEEN: XZ

Applicant

AND: THE QUEEN

Respondent

JUDGES: BURCHETT, HIGGINS & KENNY JJ

DATE OF ORDER: 15 AUGUST 2000

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The application for leave to appeal be granted. 2. The appeal be allowed. 3. The publication of evidence (a) 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 (b) the identity of any such person be forbidden. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.