DBH v Australian Crime Commission

Case [2014] QCA 265

SUPREME COURT OF QUEENSLAND

CITATION:

DBH v Australian Crime Commission & Ors [2014] QCA 265

PARTIES:

DBH
(appellant)
v
AUSTRALIAN CRIME COMMISSION
(first respondent)
WILLIAM MACLEAN BOULTON
(second respondent)
JOHN PLANTA HANNAFORD
(third respondent)
BROWN
(fourth respondent)
SMITH
(fifth respondent)
JONES
(sixth respondent)
GREEN
(not a party to the appeal)

FILE NOS:

Appeal No 2889 of 2014
SC No 8528 of 2013

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

17 October 2014

DELIVERED AT:

Brisbane

HEARING DATE:

30 July 2014

JUDGE:

Holmes, Fraser and Gotterson JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The appeal is dismissed.

CATCHWORDS:

CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE AUTHORITIES – COMMONWEALTH – AUSTRALIAN CRIME COMMISSION – where the appellant and his co-accused, the fourth, fifth and sixth respondents, were the subject of compulsory examination by the first respondent – where non-publication directions were given in respect of the examinations – where the appellant’s application under s 25A(13) of the Australian Crime Commission Act 2002 (Cth) for transcripts of his co-accused's evidence was refused – where s 25A(13) sets out the court’s power of disclosure of the material but does not prescribe the procedure to be adopted where such evidence is sought – where the primary judge excluded the appellant and received the respondents’ submissions on the application individually in in-camera proceedings – where the appellant contends he was wrongly excluded – whether the appellant was denied procedural fairness when the primary judge received submissions from the respondents in his absence

CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE AUTHORITIES – COMMONWEALTH – AUSTRALIAN CRIME COMMISSION – where the appellant and his co-accused, the fourth, fifth and sixth respondents, were the subject of compulsory examination by the first respondent – where non-publication directions were given in respect of the examinations – where the appellant’s application under s 25A(13) of the Australian Crime Commission Act 2002 (Cth) for transcripts of his co-accused's evidence was refused – where the appellant contended that because the primary judge’s reasons were too generally expressed and her findings were redacted, she had not given adequate reasons for concluding the transcript should not be disclosed – where the judgment was redacted to prevent disclosure of the information the subject of the application – whether the primary judge’s reasons for refusing the application were adequate

CRIMINAL LAW – FEDERAL AND STATE INVESTIGATIVE AUTHORITIES – COMMONWEALTH – AUSTRALIAN CRIME COMMISSION – where the appellant and his co-accused, the fourth, fifth and sixth respondents, were the subject of compulsory examination by the first respondent – where non-publication directions were given in respect of the examinations – where the appellant’s application under s 25A(13) of the Australian Crime Commission Act 2002 (Cth) for transcripts of his co-accused's evidence was refused – where the appellant submitted that the primary judge erred in concluding that non-disclosure of the information would not inhibit his defence – where, in applying…

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DBH v Australian Crime Commission [2014] QCA 265
Case
[2014] QCA 265
Decision Date

CaseChat Overview and Summary

The case of DBH v Australian Crime Commission involved the appellant and his co-accused, the fourth, fifth, and sixth respondents, who were subject to compulsory examinations by the first respondent. Non-publication directions were imposed on the examinations, and the appellant applied for transcripts of his co-accused's evidence under section 25A(13) of the Australian Crime Commission Act 2002 (Cth). The application was denied, leading to the appellant's appeal against the decision. The primary judge excluded the appellant and received submissions from the respondents individually in in-camera proceedings, which the appellant contended amounted to a denial of procedural fairness. Additionally, the appellant argued that the primary judge's reasons for refusal were inadequate, did not address the appellant's proposed defences, and included an irrelevant consideration regarding the disclosure of evidence to the Director of Public Prosecutions.

The legal issues in this case centred around the appellant's procedural fairness in the examination of his application, the adequacy of the primary judge's reasons for denying the application, and whether the primary judge made an error of fact by considering irrelevant factors. The appellant argued that being excluded from the proceedings and receiving reasons that were too generally expressed and redacted denied him procedural fairness. Furthermore, the appellant contended that the primary judge's reasons were inadequate because they did not sufficiently address the appellant's proposed defences or the impact of non-disclosure on his defence. The appellant also submitted that the primary judge erred in considering the possibility of disclosing the evidence to the Director of Public Prosecutions, which the appellant argued was an irrelevant factor in the decision-making process.

The court considered the appellant's arguments and found that the primary judge's exclusion of the appellant from the in-camera proceedings did not constitute a denial of procedural fairness. The court held that the primary judge had acted within her discretion to exclude the appellant to maintain the confidentiality of the proceedings and to ensure the integrity of the evidence. The court further held that the primary judge's reasons, although redacted, were sufficient to allow the appellant to understand the basis of the decision. The court found that the primary judge had adequately considered the impact of non-disclosure on the appellant's defence and that there was no error in the primary judge's conclusion that non-disclosure would not inhibit the appellant's defence. Finally, the court held that the primary judge's consideration of the possibility of disclosing the evidence to the Director of Public Prosecutions was a relevant factor in the decision-making process and did not amount to an error of fact.

The appeal was dismissed, and the decision of the primary judge was upheld. The court found that the primary judge had not denied the appellant procedural fairness, that the reasons provided were adequate, and that no error of fact was made in the decision-making process. The court's dismissal of the appeal reinforces the importance of maintaining confidentiality in investigative proceedings and the primary judge's discretion in handling such matters.

Orders

Orders of the court

The appeal is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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