DPP (Cth) v Galloway (a Pseudonym) & Ors

[2017] VSCA 120

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Practice and Procedure
3. › Permanent stay of proceedings
4. › Compulsory examination of suspects before charge
5. › Examination transcripts provided to investigators and prosecutors
6. › Whether fair trial possible
7. › Whether incurable forensic disadvantage
8. › Whether derivative use of examination material established
9. › Australian Crime Commission Act 2002 (Cth), ss 24A, 25A, 30
1. Criminal Law
2. › Practice and Procedure
3. › Permanent stay of proceedings
4. › Abuse of process
5. › Unlawful conduct by executive prior to trial
6. › Whether reckless unlawfulness sufficient to justify stay absent demonstrated unfairness
7. › Whether stay necessary to protect confidence in administration of justice
1. Administrative Law
2. › Statutory authority
3. › Australian Crime Commission
4. › Power of compulsory examination
5. › Whether examinations conducted for purposes of ACC special investigation
6. › Whether power exercised for improper purpose of assisting AFP criminal investigation
7. › Australian Crime Commission Act 2002 (Cth), ss 7C, 24A, 25A
1. Administrative Law
2. › Statutory authority
3. › Australian Crime Commission
4. › Non-publication directions
5. › Duty to prohibit publication where failure might prejudice fair trial
6. › Whether investigators and prosecutors must be precluded from access to examination material of suspects
7. › Australian Crime Commission Act 2002 (Cth), s 25A(9)

Quick Take

Practitioners seeking permanent stays based on unlawful ACC examinations must demonstrate actual, material forensic disadvantage rather than relying on the mere fact of compulsory examination; the prosecution's case being substantially assembled before the examination significantly undermines a forensic disadvantage argument.