Adanguidi v The King [2023] NSWCCA 91

Adanguidi v The King [2023] NSWCCA 91

The Court found the 65-page document was created by Mr Adanguidi for the dominant purpose of seeking legal advice from his then-solicitor and thus attracted legal professional privilege; privilege was not waived because Mr Adanguidi believed the document had been destroyed and did not consent to its use or disclosure.

Parties
Appellant: Crespin Adanguidi; Respondent: Rex
Jurisdiction
Australia
Judgment Date
20 April 2023
Procedural Posture
Procedural Rulings / Application for Access to Document (legal Professional Privilege)
Outcome
Crown application dismissed
Legal Topics
Legal Professional Privilege, Client Legal Privilege, Waiver of Privilege, Access to Confidential Documents
Criminal Law Evidence Law Legal Professional Privilege Client Legal Privilege Waiver of Privilege Access to Confidential Documents

Case Brief

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Parties

Crespin Adanguidi

Appellant

Rex

Respondent

Procedural Posture

Procedural Rulings / Application for Access to Document (legal Professional Privilege)

Legal Issues

  1. 1 Whether the 65-page document in psychology file attracts legal professional privilege
  2. 2 Whether privilege has been waived (expressly or impliedly)

Ratio Decidendi

The Court found the 65-page document was created by Mr Adanguidi for the dominant purpose of seeking legal advice from his then-solicitor and thus attracted legal professional privilege; privilege was not waived because Mr Adanguidi believed the document had been destroyed and did not consent to its use or disclosure.

Court Disposition

Crown application dismissed

Orders

  • The Crown application dated 23 March 2023 is dismissed.
  • The 65-page document in Mr Adanguidi's handwriting, undated, found in his Corrective Services NSW psychology file is a confidential communication attracting legal professional privilege and is not to be produced to the Crown.