Island Maritime Limited v Filipowski [2006] HCA 30

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

Matter No S449/2005

ISLAND MARITIME LIMITED APPELLANT

AND

BARBARA FILIPOWSKI RESPONDENT

Matter No S450/2005

SACHIN KULKARNI APPELLANT

AND

BARBARA FILIPOWSKI RESPONDENT

Island Maritime Limited v Filipowski

Kulkarni v Filipowski

[2006] HCA 30

15 June 2006

S449/2005 & S450/2005

ORDER

In each matter, the appeal is dismissed.

On appeal from the Supreme Court of New South Wales

Representation

P Byrne SC with G J Grogin and C P Carter for the appellants (instructed by Ebsworth & Ebsworth)

A J Meagher SC with A L Hill and A J Payne for the respondent (instructed by Dibbs Abbott Stillman)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Island Maritime Limited v Filipowski

Kulkarni v Filipowski

Criminal law – Double jeopardy – Autrefois acquit – Successive charges arising out of same facts – Charge brought against appellants under s 27(1) of the Marine Pollution Act 1987 (NSW) – Charge dismissed on basis that s 27(1) did not apply where a charge was available under s 8 – Charge subsequently brought against appellants under s 8 – Where s 27(1) offence included all elements of s 8 offence together with additional element – Whether second charge barred by principles of autrefois acquit – Whether appellants stood in jeopardy on first charge – Whether plea of autrefois acquit available if all elements of offence first charged not included in elements of offence charged second.

Criminal law – Abuse of process – Delay – Where first prosecution brought more than two years after the relevant events – Where second prosecution brought eight months after first defective prosecution dismissed.

Words and phrases – "abuse of process", "autrefois acquit", "double jeopardy", "in jeopardy".