CRIMINAL LAW — application to release confidential material notified by Crime Commission — where evidence given under compulsion and with assurances that it would not be published should be available to parties — relevant considerations — provisional indication material should be released — interested parties to have opportunity to be heard
Quick Take
1Under s 45(5) of the Crime Commission Act 2012 (NSW), the court must assess whether the interests of justice require disclosure of compelled examination material; it is not necessary to show that the interests of justice would be 'impeded or frustrated' without disclosure — material that is germane or significant to an issue at trial may warrant release even if its absence would not frustrate the trial.
2Identifying the issues at trial — here self-defence, substantial impairment, motive, and the nature of the relationship between the accused and the deceased — is a crucial step in the s 45(5) assessment, as relevance of the compelled material is measured against those issues.
3Procedural fairness requires that interested parties (persons who gave compelled evidence) be afforded the opportunity to be heard before a final release order is made, including by scheduling closed court hearings at separate times to protect their identities from each other and from the trial parties.
Case Details
Citation[2026] NSWSC 982
CourtNSWSC
JurisdictionNew South Wales
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