Easterday v The Queen

Case [2001] WASCA 175


EASTERDAY -v- THE QUEEN [2001] WASCA 175



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 175
COURT OF CRIMINAL APPEAL
Case No:CCA:111/199921 MAY 2001
Coram:SCOTT J11/06/01
14Judgment Part:1 of 1
Result: Claim for privilege allowed in part
PDF Version
Parties:CLARK ERVIN EASTERDAY
THE QUEEN
AUSTRALIAN STOCK EXCHANGE LTD
DEAN EDWARD IRELAND
LEONARD LANCELOT IRELAND

Catchwords:

Court's practice and procedure
Early return of subpoena
Claim for public interest immunity for confidential Australian Stock Exchange Ltd surveillance report documents
Information sought available elsewhere
Claim for privilege upheld in part only
Prosecution arising out of alleged "salting" of mineral claim
Referral to Court of Criminal Appeal under s140 Sentencing Act 1995
New or fresh evidence sought via subpoena

Legislation:

Sentencing Act 1995, s 140(1)(a)

Case References:

Alister v R (1984) 154 CLR 404
CTC Resources NL v Australian Stock Exchange Ltd [2000] WASCA 19
Ireland & Anor v The Queen, unreported; CCA SCt of WA; Library No 940233; 6 May 1994
R v Jumeaux, unreported; SCt of WA (Seaman J); Library No 940534; 22 September 1994
R v Saleam (1989) 16 NSWLR 14
RAN v The Queen (1996) 16 WAR 448
Sankey v Whitlam & Ors (1978) 142 CLR 1

Aboriginal Sacred Sites Protection Authority v Maurice (1986) 10 FCR 104
ACC v The Daniels Corporation International Ltd [2001] FCA 244
Air Canada v Secretary of State for Trade [1983] 2 AG 394
Alister v The Queen (1984) 154 CLR 404
Attorney General (NSW) v Stuart (1994) 34 NSWLR 667
Borg v Barnes (1987) 10 NSWLR 734
Carter v Hayes (1994) 61 SASR 451
Chapmans Ltd v ASX Ltd (1994) 51 FCR 501
Clifford v Victorian Institute of Forensic Mental Health [1999] VSC 359
Commissioner of Australian Federal Police v Propend Finance Ltd (1997) 188 CLR 501
Connell v The Queen (No 6) (1994) 12 WAR 133
Conway v Rimmer [1968] AC 910
D v National Society for the Prevention of Cruelty to Children [1978] AC 171
Duncan v Cammell Laird [1942] AC 624
Finch v Grieve (1991) 22 NSWLR 578
Gallagher v R (1986) 160 CLR 392
Ilic v R [2000] WASCA 411
Maddison v Goldrick [1976] 1 NSWLR 651
Malesecca & Zayler (1994) 74 A Crim R 210
Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 60
Marks v Beyfus [1890] 25 QBD 494
Mickelberg v R (1989) 167 CLR 259
Middleton v WA (1996) 17 WAR 201
National Employer's Mutual General Association Ltd v Waind [1978] 1 NSWLR 372
R v Agar [1990] 2 All ER 442
R v Clowes [1992] 3 All ER 440
R v Governor of Brixton Prison; ex parte Osman [1991] 1 WLR 281
R v Hallett [1986] Crim LR 462
R v J (No 1) (1994) 13 WAR 342
R v Keane [1994] 1 WLR 746
R v Polley (1997) 68 SASR 227
R v Saleam [1999] NSW CCA 86; BC9902028
R v Ward [1993] 1…

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Easterday v The Queen [2001] WASCA 175
Case
[2001] WASCA 175
Decision Date

CaseChat Overview and Summary

In the case of Easterday v The Queen, the appellant, Easterday, was convicted of a number of offences arising out of an alleged "salting" of a mineral claim. The case came before the Court of Criminal Appeal under section 140 of the Sentencing Act 1995, seeking to appeal against his conviction and sentence. The primary issue before the court was whether documents obtained by the Australian Stock Exchange Ltd (ASX) through surveillance were subject to public interest immunity and, if so, whether the prosecution could access them for the purposes of the appeal. The appellant argued that the documents were confidential and should be protected from disclosure, while the prosecution contended that the information sought was available elsewhere and the documents were not privileged.

The court considered whether the documents were subject to public interest immunity and, if so, whether the public interest in maintaining the confidentiality of the documents outweighed the need for the prosecution to access them for the purposes of the appeal. The court found that the documents were subject to public interest immunity but that the prosecution could access them to the extent necessary for the purposes of the appeal. The court held that the prosecution had not demonstrated that the information sought was not available elsewhere, and therefore, the claim for privilege was upheld in part only. The court found that the appellant's right to a fair trial and the need for the prosecution to access the documents for the purposes of the appeal were both important considerations, and the balance between the two had to be carefully weighed.

The court allowed the claim for privilege in part and directed that the subpoena be returned to the Federal Magistrates Court for further consideration. The court held that the prosecution could access the documents to the extent necessary for the purposes of the appeal, but that the appellant's right to a fair trial and the need for the protection of confidential information had to be balanced against each other. The court found that the prosecution had not demonstrated that the information sought was not available elsewhere, and therefore, the claim for privilege was upheld in part only. The court's decision highlights the importance of balancing the competing interests of the appellant and the prosecution in cases where confidential information is sought for the purposes of an appeal.

Orders

Orders of the court

Claim for privilege allowed in part

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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