New South Wales Crime Commission v D181 [2015] NSWSC 1836

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v D181 [2015] NSWSC 1836 Hearing dates: 27 November 2015 Date of orders: 27 November 2015 Decision date: 03 December 2015 Jurisdiction: Common Law Before: Hall J Decision: Leave granted to the New South Wales Crime Commission, pursuant to s 35A of the Crime Commission Act 2012, to:

(1) Question the defendant under s 24 of the Crime Commission Act 2012 at a hearing before the Commission; and

(2) Require him under s 24 or s 29 of the Crime Commission Act 2012 to produce a document or thing in relation to matters relating to the subject matter of the offences with which he presently stands charged, namely, two offences contrary to s 400.9(1) of the Criminal Code Act 1995 (Cth) and one offence contrary to s 193C(1) of the Crimes Act 1900 (NSW). Catchwords: PROCEDURE – Application by Crime Commission under s 35A of the Crime Commission Act 2012 ("the Act") for leave to examine an accused person about the subject matter of the offences charged or to require an accused person to produce documents or things to the Commission – Whether supporting evidence establishes requisite belief and suspicion under s 35(4) of the Act and the grounds on which the belief and suspicion is based – Whether any prejudicial effect likely to arise to the person's trial from the proposed questioning or requirement is outweighed by the public interest in using the Commission's powers to ensure that a matter referred to in the copy of a notice accompanying a summons issued to the person is fully investigated – Analysis of the statutory requirements under s 35A before the Supreme Court may grant leave under s 35A(5) of the Act – Satisfied that public interest in this case outweighs any likely prejudicial effect – Leave granted to the Crime Commission to question the defendant under s 24 of the Act – Leave granted to the Crime Commission to require the defendant to produce a document or thing in relation to matters relating to the subject matter of the charged offences under ss 24 or 29 of the Act – Orders made under s 7 Court Suppression and Non-Publication Orders Act 2010 (NSW). Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Crime Commission Act 2012 Crime Commission Legislation Amendment Bill 2014 Cases Cited: Lee v The Queen [2014] HCA 20; 253 CLR 455 New South Wales Crime Commission v D109 [2015] NSWSC 1244 X7 v Australian Crime Commission [2013] HCA 29; 248 CLR 92 Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) D181 (Defendant) Representation: Counsel: G Drennan (Plaintiff) ex parte