R v Magenta (a pseudonym) [2022] NSWDC 674

R v Magenta (a pseudonym) [2022] NSWDC 674

Highlighted passages of the counselling notes contain material relevant to credibility and reliability of the complainant; after balancing interests as required by s 299D, only lawyers are to access redacted documents, which have substantial probative value but confidentiality concerns are not substantially outweighed; material is to be released with redactions for lawyers' eyes only and destroyed after trial.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Redacted documents released to Defence for lawyers' eyes only; all other passages to be redacted; materials to be destroyed after trial.
Legal Topics
['orders to Produce' 'principal Protected Confider' 'emdr' 'sexual Assault Communications Privilege' 'subpoena' 'legitimate Forensic Purpose' 'sexual Intercourse Without Consent' 'determining Leave' 'confidential Statement']
['criminal Law'] ['orders to Produce' 'principal Protected Confider' 'emdr' 'sexual Assault Communications Privilege' 'subpoena' 'legitimate Forensic Purpose' 'sexual Intercourse Without Consent' 'determining Leave' 'confidential Statement']

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Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 ['Whether leave should be granted to issue/compel production of counselling notes subject to sexual assault communications privilege' 'Balancing public interest in confidentiality of protected confidences versus probative value of evidence']

Ratio Decidendi

Highlighted passages of the counselling notes contain material relevant to credibility and reliability of the complainant; after balancing interests as required by s 299D, only lawyers are to access redacted documents, which have substantial probative value but confidentiality concerns are not substantially outweighed; material is to be released with redactions for lawyers' eyes only and destroyed after trial.

Court Disposition

Redacted documents released to Defence for lawyers' eyes only; all other passages to be redacted; materials to be destroyed after trial.

Orders

  • ["Highlighted sections of Ms Nugara and Dr Gold's counselling notes, identified in Mr O'Brien's submissions, to be released with redactions for lawyers' eyes only." 'All other passages to be redacted.' "Produced materials to be destroyed at conclusion of accused's trial."]