NSW Crime Commission v D109 [2020] NSWSC 810

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v D109 [2020] NSWSC 810 Hearing dates: 23 June 2020 Decision date: 26 June 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Vacate the order made on 26 August 2015 by McCallum J that the defendant be referred to as D109. (2) Vacate order 1(b) of the orders made on 26 August 2015 by McCallum J. (3) The Court notes: (a) the defendant is no longer the subject of the charges which necessitated the Commission's application for leave pursuant to s 35A of the Crime Commission Act 2012; (b) the order sought to be vacated relates to the suppression and non-publication of the identity of the defendant; (c) when the Commission took evidence from the defendant in exercise of its powers under s 24 of the Crime Commission Act 2012, the Commission issued non-publication directions in accordance with s 45 of the Crime Commission Act 2012, to the following effect: (i) that any evidence given by the defendant before the Commission; (ii) the contents of any document or description of any thing produced by the defendant during the hearing, or as a result of the hearing; and (iii) any information that might enable the defendant to be identified as a person who has given evidence, or may be about to give evidence to the Commission, or might enable the defendant to be identified or located, must not be published except in such manner and to such persons as the Commission specifies; and (d) These non-publication directions remain in effect. Catchwords: CRIME — Crime Commission — variation of non-disclosure orders — investigative agencies' duty of disclosure Legislation Cited: Crime Commission Act 2012 (NSW), ss 24, 29, 35A, 45 Criminal Procedure Act 1986 (NSW) Cases Cited: Cornwell v R [2010] NSWCCA 59 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Grey v The Queen [2001] HCA 65; (2001) 75 ALJR 1708 Mallard v The Queen (2005) 224 CLR 125; [2005] HCA 68 New South Wales Crime Commission v D109 [2015] NSWSC 1244 R v Farquharson (2009) 26 VR 410; [2009] VSCA 307 R v Keane [1994] 1 WLR 746 R v Reardon (No 2) (2004) 60 NSWLR 454; [2004] NSWCCA 197 Texts Cited: Commonwealth Director of Public Prosecutions, Statement on Disclosure in Prosecutions Conducted by the Commonwealth (March 2017) Category: Procedural and other rulings Parties: NSW Crime Commission (Plaintiff) D109 (application heard ex parte) Representation: Counsel: R Bhalla (Plaintiff) No appearance for the Defendant (application heard ex parte)