PRACTICE AND PROCEDURE — Application for permanent stay — Charge of conspiracy with intention of dishonestly influencing Commission of Taxation — Criminal Code Act s 135.4(7) — Examination pursuant to s 28 of Australian Crime Commission Act 2002 — Claim for self-incrimination under s 30 — Non-publication direction given — Transcripts of examinations provided to CDPP contrary to direction for one accused — Transcripts contained factual matters central to criminal charge — Evidence solicitor for CDPP did not read transcripts — Other communication between CDPP and ACC — Updates, advice, briefing papers -- Principal ATO investigator attended examinations and read transcripts — Significant and central witness at future trial — Whether real risk that relevant ACC information communicated to the prosecution — Whether fair trial possible — Whether permanent stay should be granted — Stay granted
Case Details
Citation[2012] NSWSC 934
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
