R v Bowden [2020] NSWDC 363

R v Bowden [2020] NSWDC 363

Access to the documents from Services Australia (Medicare) is permitted, as the statutory privilege did not apply to those records. Access to other documents, including those recording protected confidences with psychologist and psychiatrist, is refused because statutory requirements for leave, including substantial probative value and the overriding of confidentiality by public interest, were not satisfied.

Jurisdiction
Australia
Judgment Date
10 June 2020
Procedural Posture
Criminal / Interlocutory Application Regarding Access to Documents Under Sexual Assault Communications Privilege
Outcome
Partially granted; access to some documents allowed, others refused.
Legal Topics
['child Sex Offences' 'sexual Assault Communications Privilege' 'subpoena Objection to Production of Material' 'access to Documents' 'disclosure in Criminal Proceedings']
['criminal Law'] ['child Sex Offences' 'sexual Assault Communications Privilege' 'subpoena Objection to Production of Material' 'access to Documents' 'disclosure in Criminal Proceedings']

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Procedural Posture

Criminal / Interlocutory Application Regarding Access to Documents Under Sexual Assault Communications Privilege

Legal Issues

  1. 1 ['Whether to grant access to documents produced under subpoena in light of sexual assault communications privilege under Part 5, Division 2 Criminal Procedure Act 1986' 'Whether documents from Services Australia (Medicare) are caught by the sexual assault communications privilege' 'Application of criteria in s 299D Criminal Procedure Act 1986 regarding leave to access documents recording protected confidences']

Ratio Decidendi

Access to the documents from Services Australia (Medicare) is permitted, as the statutory privilege did not apply to those records. Access to other documents, including those recording protected confidences with psychologist and psychiatrist, is refused because statutory requirements for leave, including substantial probative value and the overriding of confidentiality by public interest, were not satisfied.

Court Disposition

Partially granted; access to some documents allowed, others refused.

Orders

  • ['Grant access to parties to the documents received from Commonwealth agency Services Australia (Medicare).' 'Access to those documents confined to counsel and solicitors instructing counsel at this point.' 'Refuse access to the remaining documents, except for agreed police-produced documents; exclude psychologist...