REGINA v James SALEAM [1999] NSWCCA 86

REGINA v James SALEAM [1999] NSWCCA 86

The applicant had a legitimate forensic purpose because evidence that Detective Ireland instigated the offence through the applicant's former wife could be relevant to the proposed extension, appeal and stay applications. However, the applicant failed to satisfy the on the cards requirement: the material showed concerns about Detective Ireland, the Special Branch and the former wife's relationship with him, but did not provide a basis to infer or even speculate that the requested documents might disclose that Detective Ireland instigated the offence. The DPP had no responsive documents, and no proper basis was shown for requiring the Commissioner to produce documents.

Jurisdiction
Australia
Judgment Date
27 April 1999
Procedural Posture
Criminal Appeal Interlocutory Proceedings / Applications for Production of Documents by the Director of Public Prosecutions and the Commissioner of Police, for Use in Applications for Extension of Time to Appeal Against Conviction and for Leave to Appeal Refusal of a Permanent Stay
Outcome
Applications dismissed
Legal Topics
['production of Documents' 'legitimate Forensic Purpose' 'on the Cards Test' 'fresh Evidence' 'public Policy Exclusion of Prosecution Evidence' 'permanent Stay of Proceedings' 'entrapment']
['criminal Law' 'criminal Procedure' 'evidence'] ['production of Documents' 'legitimate Forensic Purpose' 'on the Cards Test' 'fresh Evidence' 'public Policy Exclusion of Prosecution Evidence' 'permanent Stay of Proceedings' 'entrapment']

Case Brief

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Procedural Posture

Criminal Appeal Interlocutory Proceedings / Applications for Production of Documents by the Director of Public Prosecutions and the Commissioner of Police, for Use in Applications for Extension of Time to Appeal Against Conviction and for Leave to Appeal Refusal of a Permanent Stay

Legal Issues

  1. 1 ['Whether orders should be made requiring the Director of Public Prosecutions and the Commissioner of Police to produce documents sought by the applicant.' 'Whether the applicant identified a legitimate forensic purpose for access to the documents.' "Whether it was on the cards that the documents would materially assist the applicant's proposed applications or appeals by disclosing evidence that Detective Ireland instigated the offence." 'Whether alleged police instigation could support exclusion of prosecution evidence or a permanent stay on public policy or abuse of process grounds.']

Ratio Decidendi

The applicant had a legitimate forensic purpose because evidence that Detective Ireland instigated the offence through the applicant's former wife could be relevant to the proposed extension, appeal and stay applications. However, the applicant failed to satisfy the on the cards requirement: the material showed concerns about Detective Ireland, the Special Branch and the former wife's relationship with him, but did not provide a basis to infer or even speculate that the requested documents might disclose that Detective Ireland instigated the offence. The DPP had no responsive documents, and no proper basis was shown for requiring the Commissioner to produce documents.

Court Disposition

Applications dismissed

Orders

  • ['Both applications dismissed.']