Dowe v Commissioner of the New South Wales Crime Commission & Anor; Gedeon v Commissioner of the New South Wales Crime Commission & Anor [2007] NSWCA 296

Reported Decision: 177 A Crim R 44 Appeal Outcome: Special leave application referred to the Full Court - 18 April 2008; Appeal allowed - 4 September 2008 - Gedeon v Commissioner of the New South Wales Crime Commission [2008] HCA 43

New South Wales Court of Appeal

CITATION: Dowe v Commissioner of the New South Wales Crime Commission & Anor; Gedeon v Commissioner of the New South Wales Crime Commission & Anor [2007] NSWCA 296

HEARING DATE(S): 9 August 2007

JUDGMENT DATE: 19 October 2007

JUDGMENT OF: Spigelman CJ at 1; Basten JA at 58; Handley AJA at 89

DECISION: 1 Grant leave to appeal; 2 Direct each Claimant to file a Notice of Appeal within 14 days; 3 Upon the filing of the Notice of Appeal, each appeal is dismissed; 4 The Claimant to pay the Opponents' costs of each proceeding.

CATCHWORDS: CRIMINAL LAW – Controlled Operations – Intersection of Commonwealth and State parallel provisions – meaning of "controlled activity" – absence of Commonwealth certificate – Crimes Act 1913 (Cth) Part 1AB, Law Enforcement (Controlled Operations) Act 1997 s7(1)(b) - ADMINISTRATIVE LAW – Judicial review of administrative decisions – Lack or excess of jurisdiction – issues of fact – facts reviewable – - jurisdictional facts or conditions precedent – statutory prohibition on authorising conduct likely seriously to endanger health or safety – Law Enforcement (Controlled Operations) Act 1997 s7(1)(b) - ADMINISTRATIVE LAW – Judicial review of administrative decisions – Lack or excess of jurisdiction – unreasonableness and irrationality – statutory prohibition on authorising conduct likely seriously to endanger health or safety – interpretation of causation – relevant evidence to be taken into account – Law Enforcement (Controlled Operations) Act 1997 s7(1)(b) - WORDS AND PHRASES – "controlled activity" - "reasonable excuse"