Donald Galloway (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors
Case No.
M174/2017
Related matters:
M168/2017 - Tony Strickland (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
M175/2017 - Edmund Hodges (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
M176/2017 - Rick Tucker (a pseudonym) v. Commonwealth Director of Public Prosecutions & Ors [Appeal]
Case Information
Lower Court Judgment
25/05/2017 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Redlich and Beach JJA)
Catchwords
Criminal law – Stay of proceedings – Australian Crime Commission Act 2002 (Cth) – Investigations – Where Australian Federal Police (“AFP”) commenced investigation – Where appellants summoned by Australian Crime Commission for compulsory examination – Where examiner failed to make non-publication direction under s 25A(9) of Act prohibiting publication of examination material concerning appellants to AFP and Commonwealth Director of Public Prosecutions – Where primary judge found examination conducted for improper purpose of assisting AFP and had unfair consequences for trial – Where primary judge ordered permanent stay of proceedings – Where Court of Appeal quashed order – Whether Court of Appeal erred in finding unlawful compulsory examination for purpose of achieving forensic advantage insufficient in circumstances to justify permanent stay of proceedings.
Documents
17/11/2017 Hearing (SLA, Melborne)
01/12/2017 Notice of appeal
08/12/2017 Submitting appearance (Third Respondent)
14/12/2017 Submitting appearance (Fourth Respondent)
14/12/2017 Submitting appearance (Fifth Respondent)
22/12/2017 Written submissions (Appellant)
22/12/2017 Chronology (Appellant)
19/01/2018 Written submissions (First Respondent)
19/01/2018 Written submissions (Second Respondent)
09/02/2018 Reply to first respondent
08/05/2018 Hearing (Full Court, Canberra)
08/05/2018 Outline of oral argument (Appellant)
08/05/2018 Outline of oral argument (First Respondent)
08/05/2018 Outline of oral argument (Second Respondent)
09/05/2018 Hearing (Full Court, Canberra)
16/05/2018 Written submissions on standing (Second Respondent)
08/11/2018 Hearing (Full Court, Canberra)
08/11/2018 Judgment (Judgment Summary)