R v Warwick (No.16) [2018] NSWSC 733

R v Warwick (No.16) [2018] NSWSC 733

The objected paragraphs seeking broad categories of police records, complaints, surveillance records and inter-agency communications were vague, unlimited in time and failed to identify a legitimate forensic purpose; they required the Commissioner or others to search widely in the hope that something useful might emerge and therefore amounted to fishing expeditions. Those paragraphs were set aside, while other paragraphs were allowed or permitted only with agreed amendments.

Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Criminal Procedure Application to Set Aside Subpoena Issued to Commissioner of NSW Police / Interlocutory Ruling on Motion Concerning Subpoena
Outcome
Motion of the Commissioner of Police (NSW) upheld in part; specified subpoena paragraphs set aside and other paragraphs allowed or permitted with amendments.
Legal Topics
['subpoena' 'production of Documents' 'legitimate Forensic Purpose' 'fishing Expedition' 'police Records']
['criminal Procedure'] ['subpoena' 'production of Documents' 'legitimate Forensic Purpose' 'fishing Expedition' 'police Records']

Case Brief

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Procedural Posture

Criminal Procedure Application to Set Aside Subpoena Issued to Commissioner of NSW Police / Interlocutory Ruling on Motion Concerning Subpoena

Legal Issues

  1. 1 ['Whether objected paragraphs of the subpoena issued to the Commissioner of NSW Police should be set aside as too broad, vague or uncertain.' 'Whether the objected paragraphs had a legitimate forensic purpose or amounted to a fishing expedition.' 'Whether proposed amendments to particular subpoena paragraphs should be permitted.']

Ratio Decidendi

The objected paragraphs seeking broad categories of police records, complaints, surveillance records and inter-agency communications were vague, unlimited in time and failed to identify a legitimate forensic purpose; they required the Commissioner or others to search widely in the hope that something useful might emerge and therefore amounted to fishing expeditions. Those paragraphs were set aside, while other paragraphs were allowed or permitted only with agreed amendments.

Court Disposition

Motion of the Commissioner of Police (NSW) upheld in part; specified subpoena paragraphs set aside and other paragraphs allowed or permitted with amendments.

Orders

  • ['With respect to paragraph 2, 3, 7, the second bullet point of paragraph 15 where it first occurs; paragraph 15 where it next occurs and paragraphs 34 and 36, the Motion of the Commissioner of Police (NSW) is upheld and those paragraphs are set aside.' "The Accused's proposed amendment to paragraph 2 substituting...