R v Ronald Edward Medich (No. 9) [2016] NSWSC 1917

R v Ronald Edward Medich (No. 9) [2016] NSWSC 1917

Any privilege attached to the fifth document has been lost because Gattellari knowingly and voluntarily disclosed the substance of the relevant communication in his police statement, thereby waiving privilege under s. 122(3) Evidence Act 1995 (NSW). Access to the fifth document is ordered.

Parties
Crown: Regina; Accused: Ronald Edward Medich
Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Criminal / Pre Trial (evidentiary Ruling)
Outcome
Order granting access to specific document
Legal Topics
Client Legal Privilege, Document Production, Waiver of Privilege, Subpoena
Evidence Law Client Legal Privilege Document Production Waiver of Privilege Subpoena

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Parties

Regina

Crown

Ronald Edward Medich

Accused

Procedural Posture

Criminal / Pre Trial (evidentiary Ruling)

Legal Issues

  1. 1 Whether client legal privilege attaches to documents produced on subpoena
  2. 2 Whether privilege over the relevant document has been lost (waived)

Ratio Decidendi

Any privilege attached to the fifth document has been lost because Gattellari knowingly and voluntarily disclosed the substance of the relevant communication in his police statement, thereby waiving privilege under s. 122(3) Evidence Act 1995 (NSW). Access to the fifth document is ordered.

Court Disposition

Order granting access to specific document

Orders

  • Access be granted to the fifth document identified in [15] above.