Downey v The Queen

The applicant, Downey, sought special leave to appeal to the High Court of Australia from a decision of the New South Wales Court of Criminal Appeal. Downey had been convicted of obtaining money from the Government Insurance Office by deception, contrary to section 178BA of the Crimes Act 1900 (NSW), by falsely stating material particulars when making a claim against an insurer.

The primary legal issue before the High Court concerned the application of the common law immunity afforded to statements made in the course of legal proceedings. Specifically, the applicant argued, by reference to the recent High Court decision in *Jamieson & Anor v The Queen*, that this immunity extended to the documents forming part of her claim against the insurer, thereby precluding her prosecution for deception based on those documents. The applicant acknowledged that this argument had not been raised in the Court of Criminal Appeal.

The Court considered the principles established in *Jamieson*, which affirmed a long-standing common law immunity for words spoken in office for the purpose of litigation, extending this to pleadings. The applicant contended that her claim, which included a statement of claim, a letter of demand, and particulars of negligence, fell within this protected sphere. The Crown's case, as presented, focused on the deception involved in falsely stating material particulars when making the claim. The Court noted that the indictment did not further develop the nature of the deception beyond this general statement.