Director of Public Prosecutions v Haywood [2022] NSWLC 13

Director of Public Prosecutions v Haywood [2022] NSWLC 13

The subpoena had a legitimate forensic purpose because the medical records from Mr Haywood's attendance at the Lightning Ridge Multi-Purpose Health Service on the day of the alleged offence were apparently relevant to his state of mind and the mental element of intention for the charged offence. Although the records included protected confidences, s 126B concerned admissibility and was not determinative of pre-trial access, and s 131A did not assist because the Health District made no objection. Given apparent relevance, the absence of a basis to set aside the subpoena, and the implied undertaking limiting use of subpoenaed documents, general access should be granted.

Jurisdiction
Australia
Judgment Date
24 August 2022
Procedural Posture
Criminal Procedural Ruling / Pre Trial Application Concerning Setting Aside a Subpoena for Production and Access to Material Produced Under Subpoena
Outcome
The Court grants general access to the material produced under subpoena.
Legal Topics
['subpoena for Production' 'access to Subpoenaed Material' 'protected Confidences' 'medical Records' 'legitimate Forensic Purpose' 'implied Undertaking']
['criminal Procedure' 'evidence'] ['subpoena for Production' 'access to Subpoenaed Material' 'protected Confidences' 'medical Records' 'legitimate Forensic Purpose' 'implied Undertaking']

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Procedural Posture

Criminal Procedural Ruling / Pre Trial Application Concerning Setting Aside a Subpoena for Production and Access to Material Produced Under Subpoena

Legal Issues

  1. 1 ['Whether the subpoena addressed to Western NSW Local Health District should be set aside for lack of legitimate forensic purpose.' 'Whether general access should be granted to medical records produced under subpoena where the records include protected confidences.' 'Whether Division 1A of Part 3.10 of the Evidence Act 1995 (NSW), including ss 126B and 131A, prevented access to the subpoenaed material.']

Ratio Decidendi

The subpoena had a legitimate forensic purpose because the medical records from Mr Haywood's attendance at the Lightning Ridge Multi-Purpose Health Service on the day of the alleged offence were apparently relevant to his state of mind and the mental element of intention for the charged offence. Although the records included protected confidences, s 126B concerned admissibility and was not determinative of pre-trial access, and s 131A did not assist because the Health District made no objection. Given apparent relevance, the absence of a basis to set aside the subpoena, and the implied undertaking limiting use of subpoenaed documents, general access should be granted.

Court Disposition

The Court grants general access to the material produced under subpoena.

Orders

  • ['The Court grants general access to the material produced under subpoena.']