Full Court Minute Books

Case A30/2021

Bell v. The Queen

Case No.


Case Information

Lower Court Judgment

03/12/2020 Supreme Court of South Australia (Full Court) (Kourakis CJ, Peek and Blue JJ)

[2020] SASCFC 116


Criminal law – Procedure – Stay of proceedings – Powers of Independent Commissioner Against Corruption (ICAC) – Where, in 2014, ICAC commenced investigation into applicant – Where, in 2017, ICAC forwarded matter to Director of Public Prosecutions (DPP) and provided evidentiary material gathered in course of investigation – Where DPP decided to prosecute applicant – Where ICAC officers assisted DPP to prepare for trial – Where applicant applied for permanent stay – Where District Court dismissed application and Full Court dismissed appeal – Whether Independent Commissioner Against Corruption Act 2012 (SA) authorised ICAC to refer matter, provide evidentiary material and otherwise assist DPP in prosecution – Whether ICAC conduct abuse of process justifying permanent stay.


13/08/2021 Hearing (SLA, Canberra by video-connection)

27/08 /2021 Notice of appeal

01/10/2021 Written submissions (Appellant)

01/10/2021 Chronology (Appellant)

29/10/2021 Written submissions (Respondent)

19/11/2021 Reply

15/03/2022 Hearing (Full Court, Canberra) (includes pronouncement of orders) (Audio-visual recording)

15/03/2022 Outline of oral argument (Appellant)

15/03/2022 Outline of oral argument (Respondent)