R v Rogerson; R v McNamara (No 9) [2015] NSWSC 1056

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 9) [2015] NSWSC 1056 Hearing dates: Written submissions Date of orders: 31 July 2015 Decision date: 31 July 2015 Jurisdiction: Common Law Before: Bellew J Decision: See paragraph [39] Catchwords: CRIMINAL LAW – Costs – Where Subpoena issued to the Australian Crime Commission for production of documents – Where Commission relied upon statutory immunity – Where statutory immunity and relevant authorities were drawn to the attention of the accused's legal representatives – Where Commission repeatedly foreshadowed the making of an application for costs in the event that it was necessary to move to set the Subpoena aside – Where Commission afforded the accused's representatives the opportunity to withdraw the Subpoena without seeking costs – Where matter proceeded to hearing and Subpoena was set aside – Whether costs should be awarded in favour of the Commission – Relevance of the right of an accused to a fair trial in determining whether costs should be awarded – Order for costs made in favour of the Commission Legislation Cited: Australian Crime Commission Act 2002 (Cth) Cases Cited: Carter v Managing Partner, Mallesons Stephen Jaques (1993) 11 WAR 159 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 R v Barbaro (1992) 108 ACTR 1 R v Bartlett [2014] WASC 492 R v Micalizzi (NSWSC 13 November 1987 unreported) R v Rogerson; R v McNamara (No 2) [2015] NSWSC 619 Texts Cited: International Covenant on Civil and Political Rights Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara – Accused/Respondent Australian Crime Commission - Applicant Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas – Accused Rogerson Mr C Waterstreet – Accused McNamara Mr A Markus (Solicitor) – Australian Crime Commission