A v Maughan

(2016) 50 WAR 263; [2016] WASCA 128

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Principle of legality
3. › Fundamental rights and freedoms
4. › Privilege against self-incrimination
5. › Accusatorial nature of criminal justice system
6. › Whether statute authorised prosecution access to compulsorily acquired evidence of suspect
7. › Corruption and Crime Commission Act 2003 (WA), ss 145, 151, 152
1. Statutory Interpretation
2. › Principle of legality
3. › Powers and functions of statutory body
4. › Whether anti-corruption commission authorised to prosecute criminal offences under other statutes
5. › Corruption and Crime Commission Act 2003 (WA), ss 18, 43, 152
1. Criminal Law
2. › Abuse of process
3. › Prosecution possession of compulsorily acquired evidence
4. › Whether prosecution access to transcript of compulsory examination altered accusatorial nature of criminal justice system
5. › Whether abuse of process established
1. Practice and Procedure
2. › Suppression orders
3. › Principle of open justice
4. › Whether suppression orders should be revoked
5. › Prejudice to proper administration of justice

Quick Take

The Corruption and Crime Commission of Western Australia does not have power to prosecute persons for criminal offences under statutes other than the CCC Act itself; its functions are limited to investigation, assembly of evidence, and making recommendations as to prosecution. Prosecution notices signed by CCC officers for such offences are invalid. However, the CCC Act authorises the Commission's possession and derivative use of compulsorily acquired evidence of suspects (as distinct from accused persons) for the purposes of investigation and assembly of evidence, and authorises the furnishing of such evidence to prosecuting authorities. The companion principle (that an accused cannot be compelled to testify to the offence charged) does not apply to suspects who have not been charged.