R v Warwick (No.79) [2019] NSWSC 1565

R v Warwick (No.79) [2019] NSWSC 1565

The application for short service was dismissed because the subpoena sought broad categories of documents going back to early 2015, imposed a significant search and production burden unlikely to be met in shortened time, none of the ordinary circumstances justifying short service were present, no contact with the intended recipient had been shown, the Crown case was closed, and the Accused would suffer no prejudice by issuing the subpoena returnable in the ordinary course.

Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Common Law Criminal / Application by the Accused for an Order That a Subpoena to Produce Documents Addressed to the NSW Commissioner of Police Be Served on Short Notice and Made Returnable in a Truncated Period During the Trial, After the Crown Case Had Closed and Before a No Case to Answer Application.
Outcome
Application dismissed.
Legal Topics
['subpoena' 'short Service' 'production of Documents']
['criminal Procedure'] ['subpoena' 'short Service' 'production of Documents']

Case Brief

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Procedural Posture

Common Law Criminal / Application by the Accused for an Order That a Subpoena to Produce Documents Addressed to the NSW Commissioner of Police Be Served on Short Notice and Made Returnable in a Truncated Period During the Trial, After the Crown Case Had Closed and Before a No Case to Answer Application.

Legal Issues

  1. 1 ['Whether the subpoena to produce documents addressed to the NSW Commissioner of Police should be served on short notice and made returnable in a truncated period of time.' 'Whether the burden of production, the stage of the trial, and any prejudice to the Accused justified short service of the subpoena.']

Ratio Decidendi

The application for short service was dismissed because the subpoena sought broad categories of documents going back to early 2015, imposed a significant search and production burden unlikely to be met in shortened time, none of the ordinary circumstances justifying short service were present, no contact with the intended recipient had been shown, the Crown case was closed, and the Accused would suffer no prejudice by issuing the subpoena returnable in the ordinary course.

Court Disposition

Application dismissed.

Orders

  • ['Dismiss the application for an order that the subpoena handed up today, 7 November 2019, be served on short notice.']