Madafferi v The Queen

(2021) 287 A Crim R 380; [2021] VSCA 1

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Evidence
2. › Public interest immunity
3. › Police informers
4. › Identity of informer
5. › Balancing exercise under s 130 Evidence Act 2008 (Vic)
6. › Whether documents revealing solicitor was police informer protected from disclosure
7. › Whether disclosure would have chilling effect on future informers
8. › Evidence Act 2008 (Vic), s 130
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against conviction
4. › Production of documents
5. › Legitimate forensic purpose
6. › Whether applicant's belief that former solicitor was police informer established legitimate forensic purpose
7. › Criminal Procedure Act 2009 (Vic), s 317
1. Legal Profession
2. › Duties of confidence and loyalty
3. › Former solicitor providing information to police about former client
4. › Whether breach of professional obligations negates public interest in protecting informer anonymity

Quick Take

Where a lawyer breached professional obligations of confidence and loyalty by acting as a police informer, the public interest in disclosure will usually outweigh the chilling effect on future informers, particularly where the informer is deceased and there are no safety concerns.