R v Warwick (No.28) [2018] NSWSC 812

R v Warwick (No.28) [2018] NSWSC 812

Paragraph 15 in its existing form was invalid because it bespeaked a fishing expedition. However, a legitimate forensic purpose was established for records concerning Shoukat (Michael) Abroo, Silvano Franco Mariti, Khalid Hamze (also known as Khalid Hamzy), Edwin Colin Archbold, Zvonko Franov, John Louden, Gordon Wiseman, Harold Albert Thurgood, William Pearson and John Zengerer, limited to the matters referred to in paragraph (a). Oppression was not established for that limited production, so paragraph 15 was set aside and replaced with a narrower paragraph.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Criminal Procedure Application Concerning Subpoena / Notice of Motion Filed 21 May 2018 to Set Aside Paragraph 15 of Subpoena Filed 4 May 2018
Outcome
Paragraph 15 of the subpoena was set aside and replaced with a narrower paragraph; otherwise the Notice of Motion was dismissed.
Legal Topics
['subpoenas' 'legitimate Forensic Purpose' 'fishing Expedition' 'oppression' 'production of Police Investigation Records']
['criminal Procedure' 'evidence'] ['subpoenas' 'legitimate Forensic Purpose' 'fishing Expedition' 'oppression' 'production of Police Investigation Records']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Procedure Application Concerning Subpoena / Notice of Motion Filed 21 May 2018 to Set Aside Paragraph 15 of Subpoena Filed 4 May 2018

Legal Issues

  1. 1 ['Whether paragraph 15 of the subpoena addressed to the Commissioner of New South Wales Police should be set aside.' 'Whether paragraph 15 amounted to discovery or a fishing expedition by seeking investigation records for 53 possible suspects.' 'Whether a legitimate forensic purpose was shown for records concerning individuals named in Annexure A.' 'Whether compliance with the subpoena would be oppressive to the Commissioner.']

Ratio Decidendi

Paragraph 15 in its existing form was invalid because it bespeaked a fishing expedition. However, a legitimate forensic purpose was established for records concerning Shoukat (Michael) Abroo, Silvano Franco Mariti, Khalid Hamze (also known as Khalid Hamzy), Edwin Colin Archbold, Zvonko Franov, John Louden, Gordon Wiseman, Harold Albert Thurgood, William Pearson and John Zengerer, limited to the matters referred to in paragraph (a). Oppression was not established for that limited production, so paragraph 15 was set aside and replaced with a narrower paragraph.

Court Disposition

Paragraph 15 of the subpoena was set aside and replaced with a narrower paragraph; otherwise the Notice of Motion was dismissed.

Orders

  • ['Set aside paragraph 15 of the subpoena, Exhibit PTV, filed 4 May 2018.' 'Allow in lieu the following paragraph 15: "All records of investigations into those individuals specified below concerning the matters referred to in paragraph (a) above, including Police notebooks of the investigating officers: Shoukat...