R v Hawkins [2020] NSWSC 1228

R v Hawkins [2020] NSWSC 1228

It is only 'on the cards' that legitimately relevant material may be found in calls made by the accused to Sarah Hardes and Scott Woodward during periods proximate to the first and current trial dates; accordingly, the subpoena is set aside except for calls made to Hardes and Woodward in March 2020 and August 2020. No legitimate forensic purpose is demonstrated for other calls or for calls to Nakita Martyn. Calls produced under the subpoena are to be first accessed by the defence, with the Crown to follow.

Parties
Prosecution: Regina (Crown); Accused: Daniel Mark Hawkins
Jurisdiction
Australia
Judgment Date
10 September 2020
Procedural Posture
Criminal / Pre Trial, Application to Set Aside Subpoena
Outcome
Subpoena set aside in part; limited production of specified phone call recordings ordered; defence granted first access to material.
Legal Topics
Subpoena, Murder Trial, Forensic Purpose, Disclosure, Access to Evidence
Criminal Procedure Evidence Subpoena Murder Trial Forensic Purpose Disclosure Access to Evidence

Case Brief

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Parties

Regina (Crown)

Prosecution

Daniel Mark Hawkins

Accused

Procedural Posture

Criminal / Pre Trial, Application to Set Aside Subpoena

Legal Issues

  1. 1 Whether there is a legitimate forensic purpose for the subpoenaed phone recordings
  2. 2 Whether part of the subpoena should be set aside due to lateness and scope
  3. 3 Whether access to subpoenaed material should be limited or first given to the defence

Ratio Decidendi

It is only 'on the cards' that legitimately relevant material may be found in calls made by the accused to Sarah Hardes and Scott Woodward during periods proximate to the first and current trial dates; accordingly, the subpoena is set aside except for calls made to Hardes and Woodward in March 2020 and August 2020. No legitimate forensic purpose is demonstrated for other calls or for calls to Nakita Martyn. Calls produced under the subpoena are to be first accessed by the defence, with the Crown to follow.

Court Disposition

Subpoena set aside in part; limited production of specified phone call recordings ordered; defence granted first access to material.

Orders

  • Paragraph 4 of the subpoena set aside except for calls made by the accused to Sarah Hardes between 1 March 2020 and 31 March 2020 and between 1 August 2020 and 9 August 2020; and to Scott Woodward between 1 March 2020 and 27 March 2020 and between 7 August 2020 and 21 August 2020.
  • All calls on hard drive returned to Proper Officer.