FEDERAL COURT OF AUSTRALIA

Crane v Gething [2000] FCA 762

DECLARATION – criminal investigation – circumstances where intervention of declaratory relief is undesirable.

ARTHUR WINSTON CRANE v RONALD JOHN GETHING & ORS

W 38 of 2000

BURCHETT, LEE AND HELY JJ

2 JUNE 2000

PERTH

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

EX TEMPORE REASONS FOR JUDGMENT OF THE COURT

1                     BURCHETT J:   This appeal seeks to have the Court make a declaration of entitlement which, if accepted by all concerned - there would be a question whether it could have a relevant binding effect - would impact upon and possibly predetermine an investigation by the authorities of suspected offences.  The learned trial judge, French J, examined the relevant authorities at length and concluded in paragraph 32 of his reasons as follows:

“Where, as in this case, a claim for relief is made after an investigation has commenced and collateral to an attack on a search warrant issued in connection with that investigation, and where, as here, the claim for relief depends upon findings by the Court on the very matters of fact under investigation, the claim involves an unproductive interference with the normal processes of investigation and prosecution of criminal offences.   … The factual matters asserted by Senator Crane in aid of his claim are not conceded by the third respondent.  Nor could they be, for those very matters are the subject of investigation.  In my opinion this case is well outside the range of cases in which the Court could properly entertain an application for declaratory relief.  That element of Senator Crane's application fails.”

2                     We agree.  We do not think any useful purpose would be served by restating this reasoning, which his Honour has already stated so clearly.  For the reasons he gave, as quoted, we dismiss this appeal with costs.

Associate:

Dated:              13 June 2000