Beckett v R [2014] NSWCCA 305

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Beckett v R [2014] NSWCCA 305 Hearing dates: 17 April 2014 Decision date: 12 December 2014 Before: Beazley P at [1]; R A Hulme J at [189]; Bellew J at [190] Decision: (1) Grant leave to appeal; (2) Order that count 1 on the indictment be permanently stayed; (3) Otherwise dismiss the appeal. Catchwords: CRIMINAL LAW - appeal against interlocutory judgment or order - Criminal Appeal Act 1912, s 5F - appeal from dismissal of application for permanent stay

STAY OF PROCEEDINGS - permanent stay of proceedings - abuse of process - whether proceedings commenced or maintained mala fides - compelled questioning under the Taxation Administration Act 1996, s 72 - whether information or evidence obtained pursuant to s 72 can be used for the purposes of a prosecution under a taxation law only

STAY OF PROCEEDINGS - permanent stay of proceedings - abuse of process - whether proceedings commenced or maintained mala fides - compulsory questioning under the Taxation Administration Act 1996, s 72 - whether officers had intention to trick, deceive or mislead

CRIMINAL LAW - offences - perverting the course of justice - Crimes Act 1900, s 319 - meaning of "course of justice" - conduct prior to invocation of the jurisdiction of a court

CRIMINAL LAW - right to silence - privilege against self-incrimination - whether abrogated by Taxation Administration Act 1996, ss 72, 82, 84 and 85 - implied abrogation - permissible use of information obtained in compelled interview