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Lee v New South Wales Crime Commission

[2013] HCA 39
Case number
S29/2013
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Statutes – Interpretation – Recovery of proceeds of crime – Examination orders – Appellants charged with offences – New South Wales Crime Commission applied for orders that appellants be examined on oath pursuant to s 31D of the Criminal Assets Recovery Act 1990 (NSW) – Subject matter of examination would have overlapped with subject matter of criminal proceedings – Whether s 31D empowered examination of person charged with offences where subject matter of examination would overlap with subject matter of offences charged.

Words and phrases – "accusatorial system of criminal justice", "derivative use immunity", "direct use immunity", "examination", "fair trial", "principle of legality", "privilege against self-incrimination", "real risk of interference with the administration of justice", "right to silence", "serious crime related activity".

Criminal Assets Recovery Act 1990 (NSW) – ss 12, 13, 13A, 31D, 63.

Files
39.rtf (1.27 MB)
39.pdf (569.17 KB)