Jackson v The Commissioner of the Australian Federal Police

(2014) 308 ALR 252; [2014] VSCA 136

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Civil forfeiture proceedings
4. › Pending related criminal proceedings
5. › Whether stay likely to frustrate intention of Proceeds of Crime Act 2002 (Cth)
6. › Whether refusal of stay inimical to privilege against self-incrimination
7. › Proceeds of Crime Act 2002 (Cth), ss 47, 49, 74, 116, 266, 319
1. Criminal Law
2. › Privilege against self-incrimination
3. › Concurrent civil and criminal proceedings
4. › Overlap between evidence in criminal and civil proceedings
5. › Principle of legality
6. › Clarity required before statute abrogates privilege

Quick Take

Civil forfeiture proceedings under the Proceeds of Crime Act 2002 (Cth) may be stayed pending related criminal proceedings where there is substantial overlap between the evidence in both proceedings and the accused would be prejudiced in their privilege against self-incrimination. The reasoning is set out in the companion case of Zhao and Jin v Commissioner of AFP [2014] VSCA 137.