R v CABLE [2014] NSWDC 342

R v CABLE [2014] NSWDC 342

Limited access is granted to an extract of type-written notes by the psychologist dated 8 October 2013, as they have substantial probative value concerning the identification of the alleged sexual abuse and supplement matters already publicly disclosed by the complainant. The remainder of the subpoenaed counselling records do not meet the statutory requirements for disclosure and are to remain confidential, taking into account the legislative intent to minimise harm to protected confiders and the public interest in confidentiality.

Jurisdiction
Australia
Judgment Date
09 September 2014
Procedural Posture
Criminal / Application for Access to Documents Produced Under Subpoena Protected Confidences
Outcome
Application granted in part
Legal Topics
['protected Confidences' 'access to Subpoenaed Documents' 'sexual Assault Offences' 'confidentiality' 'probative Value' 'public Interest']
['criminal Law' 'evidence'] ['protected Confidences' 'access to Subpoenaed Documents' 'sexual Assault Offences' 'confidentiality' 'probative Value' 'public Interest']

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Procedural Posture

Criminal / Application for Access to Documents Produced Under Subpoena Protected Confidences

Legal Issues

  1. 1 ['Whether access should be granted to the accused to documents produced under subpoena containing protected confidences' 'Application of Criminal Procedure Act 1986 Pt 5 Div 2, especially s 299D re: release of confidential counselling notes']

Ratio Decidendi

Limited access is granted to an extract of type-written notes by the psychologist dated 8 October 2013, as they have substantial probative value concerning the identification of the alleged sexual abuse and supplement matters already publicly disclosed by the complainant. The remainder of the subpoenaed counselling records do not meet the statutory requirements for disclosure and are to remain confidential, taking into account the legislative intent to minimise harm to protected confiders and the public interest in confidentiality.

Court Disposition

Application granted in part

Orders

  • ['Limited material made available to the accused being type-written notes by the psychologist dated 8 October 2013.' 'Counsel for the protected confider is provided with a copy of the extract from those typewritten notes.' 'Copy of that document placed in a sealed envelope only to be opened at the direction of this...