NSW Crime Commission v D150 [2015] NSWSC 1842

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v D150 [2015] NSWSC 1842 Hearing dates: 3 December 2015 Decision date: 03 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 28 Catchwords: CRIMINAL LAW – application for leave of Court to take evidence from accused person under s 35A Crime Commission Act 2012 (NSW) – potential prejudice to trial of defendants outweighed by public interest in full investigation by Commission Legislation Cited: Crime Commission Act (NSW), ss 3, 10, 35A, 39, 39A, 45, 49, 50, 51, 54 Crime Commission Legislation Amendment Act 2014 (NSW). Criminal Assets Recovery Act 1990 (NSW), s 31D Criminal Code (Cth), ss 11.1, 11.2A, 307.5 Court Suppression and Non-Publication Act 2010 (NSW), s 7 New South Wales Crime Commission Act 1985 (NSW), s 13 Cases Cited: Lee v NSW Crime Commission [2013] HCA 39; 251 CLR 196 Lee v The Queen [2014] HCA 20; 88 ALJR 656 X7 v Australian Crime Commission [2013] HCA 20; 248 CLR 92 Texts Cited: Second Reading Speech to the Crime Commission Legislation Amendment Bill 2014 (NSW) (Legislative Assembly, 11 November 2014, page 2426) Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) D150 (First Defendant) D151 (Second Defendant) D152 (Third Defendant) D153 (Fourth Defendant) D154 (Fifth Defendant) D155 (Sixth Defendant) Representation: Counsel: G Drennan (Solicitor) (Plaintiff)