Cassell v The Queen

The case of *Cassell v The Queen* involved an appeal to the High Court of Australia concerning charges of giving false or misleading evidence before the Independent Commission Against Corruption (ICAC). The appellant, Mr Barry Cassell, had given testimony at a hearing conducted by an Assistant Commissioner of the ICAC. He was subsequently charged under s 87 of the *Independent Commission Against Corruption Act 1988* (NSW) with giving false evidence at a "hearing before the Commission." After conviction in the Local Court and a successful appeal to the District Court, the Crown sought review by the Court of Criminal Appeal, which ultimately remitted the matter for reconsideration. The District Court judge then stated a case for the opinion of the Court of Criminal Appeal on several questions of law.

The central legal issue before the High Court was whether the hearing at which Mr Cassell gave evidence constituted a "hearing before the Commission" for the purposes of s 87 of the Act. This question arose because the hearing was conducted by an Assistant Commissioner, not the Commissioner himself. The appellant argued that the evidence led was insufficient to prove that the hearing was validly conducted under the Act, thereby failing to establish the necessary element of the offence.

The High Court, by majority, dismissed the appeal. The Court considered the provisions of the *Independent Commission Against Corruption Act 1988* (NSW) concerning the powers of the Commissioner and Assistant Commissioners. It was held that the Act contemplated and authorised the delegation of powers by the Commissioner to Assistant Commissioners, and that a hearing conducted by an Assistant Commissioner, acting within the scope of their delegated authority, was indeed a "hearing before the Commission" for the purposes of s 87. The Court found that the evidence presented, including the testimony of a hearing room officer and the terms of reference for the investigation, was sufficient to establish that the hearing was conducted under the authority of the Commission.