The NSW Court of Criminal Appeal dismissed the appeal, holding that the proper officer of a company cannot claim privilege against self-incrimination to resist a subpoena duces tecum served on the corporation, even where the accused is the sole director and secretary of that corporation. The Court also held that it is not oppressive or an abuse of process for a corporation to be required to comply with a subpoena in these circumstances, and that the process of gathering documents pursuant to a subpoena does not constitute an impermissible exercise of executive or judicial power nor amount to requiring the accused to assist in the preparation of the Crown case.
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