Perish, Anthony v R [2015] NSWCCA 98

Perish, Anthony v R [2015] NSWCCA 98

The Crown was permitted access to certain documents as legitimate forensic purpose was established in relation to their potential relevance to the credibility of witness 'E' and the fresh evidence grounds of appeal; client legal privilege was not established in respect of those documents intended for use as evidence in proceedings. Access to other documents was denied due to privilege or lack of legitimate forensic purpose.

Jurisdiction
Australia
Judgment Date
14 May 2015
Procedural Posture
Criminal Appeal / Procedural Ruling on Access to Documents During Pending Appeal
Outcome
Crown permitted access to some but not all documents produced; temporary stay of orders taking effect for 7 days
Legal Topics
['orders to Produce' 'client Legal Privilege' 'credibility of Witness' 'fresh Evidence in Appeal' 'legitimate Forensic Purpose']
['evidence' 'criminal Law'] ['orders to Produce' 'client Legal Privilege' 'credibility of Witness' 'fresh Evidence in Appeal' 'legitimate Forensic Purpose']

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Procedural Posture

Criminal Appeal / Procedural Ruling on Access to Documents During Pending Appeal

Legal Issues

  1. 1 ["Whether the Crown should be permitted access to certain documents produced in relation to the applicant's appeal" 'Whether the documents attract client legal privilege under Evidence Act 1995 (NSW) s 119' 'Whether the Crown has established a legitimate forensic purpose for access to the documents']

Ratio Decidendi

The Crown was permitted access to certain documents as legitimate forensic purpose was established in relation to their potential relevance to the credibility of witness 'E' and the fresh evidence grounds of appeal; client legal privilege was not established in respect of those documents intended for use as evidence in proceedings. Access to other documents was denied due to privilege or lack of legitimate forensic purpose.

Court Disposition

Crown permitted access to some but not all documents produced; temporary stay of orders taking effect for 7 days

Orders

  • ['After 7 days from judgment, Crown permitted access to specified documents produced by Ms Dymphna Hawkins (B, C, G, H, S, T, U, X, Y, MM) and Mr Robert Candelori (H, I, K).']