High Court of Australia
HIGH COURT OF AUSTRALIA
GAGELER CJ,
EDELMAN AND BEECH-JONES JJ
CHIEF COMMISSIONER OF POLICE APPLICANT
AND
VINCENZO CRUPI & ANOR RESPONDENTS
Chief Commissioner of Police v Crupi
[2024] HCA 34
Date of Hearing: 20 August 2024
Date of Judgment: 11 September 2024
M83/2023
ORDER
1. Special leave to appeal is granted in respect of the applicant's first proposed ground of appeal.
2. Appeal allowed.
3. Set aside the orders of the Supreme Court of Victoria made on 16 November 2022.
4. Remit the matter to the Supreme Court of Victoria for determination.
On appeal from the Supreme Court of Victoria
Representation
S J Maharaj KC with C J Tran for the applicant (instructed by Victorian Government Solicitor's Office)
D A Dann KC with L Z Richter for the first respondent (instructed by Stary Norton Halphen)
C T Carr SC with H L Canham appearing as amici curiae
Submitting appearance for the second respondent
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Chief Commissioner of Police v Crupi
Practice and procedure – Adequacy of reasons – Public interest immunity – Where s 130 of Evidence Act 2008 (Vic) required weighing of competing public interests for and against disclosure of information or documents – Where first respondent charged with murder – Where applicant resisted disclosure of documents concerning an informer – Where disclosure likely to lead to identification of informer and seriously risk informer's safety – Where primary judge found some documents likely to be of substantial assistance to first respondent's defence – Where primary judge's reasons consisted of five paragraphs – Whether primary judge complied with obligation to give adequate reasons by not disclosing process required by s 130(1).
Words and phrases – "adequate reasons", "balancing exercise", "disclosure", "document", "forensic significance", "informer", "public interest", "public interest immunity", "weighing process".
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate