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Harper, Felix (a pseudonym) v Director of Public Prosecutions [DPP] (Cth) [2021] VSCA 173

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Priest and Beach JJA
Parties: 

Harper, Felix (a pseudonym) v Director of Public Prosecutions [DPP] (Cth)

Judgment Date: 
18 June 2021
Catchwords: 

CRIMINAL LAW - Appeal - Interlocutory appeal - Certification - Application to review refusal to certify - Dealing with money reasonably being suspected of being proceeds of crime - Whether prosecution must establish indictable offence or class of offences from which money derived - Application to primary judge to stay prosecution on basis that foredoomed to fail because prosecution cannot establish predicate offence - Application refused by primary judge - Lin v The Queen (2015) 297 FLR 457 discussed - Primary judge correct to refuse certification on basis that decision not attended with sufficient doubt - No error in refusing permanent stay - Review application refused - Criminal Code Act 1995 (Cth), ss 400.1 and 400.9.

Citation: