An unlawful compulsory examination by the Australian Crime Commission about the subject matter of pending charges does not automatically entitle the accused to a permanent stay of proceedings. The court must examine the circumstances of the particular case to determine whether prejudice has been occasioned and whether it can be remedied short of a stay. The High Court's order of a new trial in Lee v The Queen [2014] HCA 20 demonstrates that a fair trial may be possible even after an unlawful examination with dissemination of material to the prosecution.
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