X7 v Australian Crime Commission

[2013] HCA 29
Judgment date
Case number
S100/2012
Before
French CJ, Hayne, Crennan, Kiefel, Bell JJ
Catchwords

Statutes – Interpretation – Plaintiff charged with three indictable Commonwealth offences – Plaintiff served with summons to attend examination by examiner appointed under Australian Crime Commission Act 2002 (Cth) ("Act") – Examiner asked plaintiff questions about subject matter of charged offences – Whether Act empowered examiner to conduct examination of person charged with indictable Commonwealth offence where examination concerned offence charged.

Words and phrases – "accusatorial process of criminal justice", "examination", "prejudice the fair trial of a person who has been, or may be, charged with an offence", "principle of legality", "privilege against self incrimination", "right to silence", "trial according to law".

Australian Crime Commission Act 2002 (Cth) – ss 7A, 7C, Pt II Div 2.

Files
29.rtf (574.76 KB)
29.pdf (262.73 KB)