R v Turnbull (No. 2) [2016] NSWSC 678

R v Turnbull (No. 2) [2016] NSWSC 678

Given the disputed and material relevance of the documents to the accused's proposed defences, documents responsive to subpoena paragraphs 2, 3, and 4 are to be produced to the Court for inspection to determine if access should be granted to the parties.

Jurisdiction
Australia
Judgment Date
18 March 2016
Procedural Posture
Criminal / Application to Set Aside Subpoena (interlocutory)
Outcome
Documents to be produced to the Court for inspection prior to party access
Legal Topics
['subpoena' 'murder' 'partial Defence' 'substantial Impairment' 'extreme Provocation' 'tendency Evidence']
['criminal Law'] ['subpoena' 'murder' 'partial Defence' 'substantial Impairment' 'extreme Provocation' 'tendency Evidence']

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Procedural Posture

Criminal / Application to Set Aside Subpoena (interlocutory)

Legal Issues

  1. 1 ['Whether subpoena paragraphs 2, 3, and 4 are a fishing expedition' 'Whether the documents sought are likely to materially assist the accused in the defences of substantial impairment and extreme provocation' 'Appropriateness of production of documents to the Court for inspection']

Ratio Decidendi

Given the disputed and material relevance of the documents to the accused's proposed defences, documents responsive to subpoena paragraphs 2, 3, and 4 are to be produced to the Court for inspection to determine if access should be granted to the parties.

Court Disposition

Documents to be produced to the Court for inspection prior to party access

Orders

  • ['Documents falling within paragraphs 2, 3, and 4 of the subpoena to be produced to the Court for inspection to determine whether the accused has satisfied requirements for access.']