R v Leung; R v Webster (No. 2) [2022] NSWDC 138

R v Leung; R v Webster (No. 2) [2022] NSWDC 138

The email sent by Senior Constable Grogin on 1 April 2022 at 10.29am was not entitled to legal professional privilege, as it did not meet the criteria for confidential legal advice under the Evidence Act 1995 (NSW); access must be granted to the accused for this document. Privilege is upheld for the communication sent from Ms Nightingale to Senior Constable Grogin at 10.56am, as it constitutes protected confidential legal advice.

Jurisdiction
Australia
Judgment Date
14 April 2022
Procedural Posture
Criminal / Voir Dire Hearing, Interlocutory Ruling on Privilege
Outcome
access partially granted; privilege partially upheld
Legal Topics
['legal Professional Privilege' 'expert Evidence' 'admissibility' 'practice and Procedure']
['criminal Law' 'evidence Law'] ['legal Professional Privilege' 'expert Evidence' 'admissibility' 'practice and Procedure']

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 / Voir Dire Hearing, Interlocutory Ruling on Privilege

Legal Issues

  1. 1 ['Whether the communications/emails are protected by legal professional privilege under the Evidence Act 1995 (NSW)' 'Whether access should be granted to the accused for specific emails' 'The severability of privileged and non-privileged content in documents']

Ratio Decidendi

The email sent by Senior Constable Grogin on 1 April 2022 at 10.29am was not entitled to legal professional privilege, as it did not meet the criteria for confidential legal advice under the Evidence Act 1995 (NSW); access must be granted to the accused for this document. Privilege is upheld for the communication sent from Ms Nightingale to Senior Constable Grogin at 10.56am, as it constitutes protected confidential legal advice.

Court Disposition

access partially granted; privilege partially upheld

Orders

  • ['Access granted to each accused to the whole of the email of 1 April 2022 at 10.29am from Senior Constable Grogin to the Crown Prosecutor and copied to the solicitor (ODPP).' 'Privilege upheld in respect of the communication from Ms Nightingale to Senior Constable Grogin on 1 April 2022 at 10.56am.' 'The...