R v Rogerson; R v McNamara (No 37) [2016] NSWSC 304

R v Rogerson; R v McNamara (No 37) [2016] NSWSC 304

Parts of the produced documents that disclose protected confidences are to be excluded from evidence pursuant to s. 126B, as the likely harm to the applicant outweighs the limited probative value and importance of the evidence.

Parties
Crown: Regina; Accused: Roger Caleb Rogerson; Accused: Glen Patrick McNamara; Applicant (protected Confider): Paul Kenny
Jurisdiction
Australia
Judgment Date
21 March 2016
Procedural Posture
Criminal / Interlocutory Application Regarding Exclusion of Evidence Under S 126 B Evidence Act 1995 (nsw)
Outcome
Application granted in part
Legal Topics
Protected Confidence, Exclusion of Evidence, Judicial Discretion, Medical Records
Criminal Law Evidence Protected Confidence Exclusion of Evidence Judicial Discretion Medical Records

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Parties

Regina

Crown

Roger Caleb Rogerson

Accused

Glen Patrick McNamara

Accused

Paul Kenny

Applicant (protected Confider)

Procedural Posture

Criminal / Interlocutory Application Regarding Exclusion of Evidence Under S 126 B Evidence Act 1995 (nsw)

Legal Issues

  1. 1 Whether evidence of protected confidences in medical documents should be excluded under s. 126B of the Evidence Act 1995 (NSW)
  2. 2 Correct approach to applications for exclusion of evidence where only part of a document reveals protected confidence

Ratio Decidendi

Parts of the produced documents that disclose protected confidences are to be excluded from evidence pursuant to s. 126B, as the likely harm to the applicant outweighs the limited probative value and importance of the evidence.

Court Disposition

Application granted in part

Orders

  • Redacted portions of Dr Hampshire's material disclosing protected confidences to be excluded pursuant to s. 126B Evidence Act 1995 (NSW)
  • Redacted material to be provided to Mr Kenny's legal representatives