R v Wilkinson (No. 3) [2009] NSWSC 293

R v Wilkinson (No. 3) [2009] NSWSC 293

Because the Applicant disclosed communications with his former legal representatives in support of his application to withdraw his plea of guilty, and because the relevant issue concerned the plea of guilty to murder, client legal privilege was waived for confidential communications between about 13 October 2008 and 15 December 2008 between the Applicant and Mr Healey, Ms McGowan and Ms Macredie with respect to that plea.

Jurisdiction
Australia
Judgment Date
01 April 2009
Procedural Posture
Criminal Law Application for Leave to Withdraw Plea of Guilty / Procedural Ruling on Waiver of Client Legal Privilege During Hearing of the Application
Outcome
Waiver of client legal privilege found to the stated extent.
Legal Topics
['application for Leave to Withdraw Plea of Guilty' 'client Legal Privilege' 'waiver of Privilege' 'communications With Former Legal Representatives' 'plea of Guilty to Murder']
['criminal Law' 'evidence'] ['application for Leave to Withdraw Plea of Guilty' 'client Legal Privilege' 'waiver of Privilege' 'communications With Former Legal Representatives' 'plea of Guilty to Murder']

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Procedural Posture

Criminal Law Application for Leave to Withdraw Plea of Guilty / Procedural Ruling on Waiver of Client Legal Privilege During Hearing of the Application

Legal Issues

  1. 1 ['Whether the Applicant waived client legal privilege concerning communications with his previous legal representatives about his plea of guilty to murder.' 'What temporal and subject-matter limits applied to any waiver of client legal privilege.']

Ratio Decidendi

Because the Applicant disclosed communications with his former legal representatives in support of his application to withdraw his plea of guilty, and because the relevant issue concerned the plea of guilty to murder, client legal privilege was waived for confidential communications between about 13 October 2008 and 15 December 2008 between the Applicant and Mr Healey, Ms McGowan and Ms Macredie with respect to that plea.

Court Disposition

Waiver of client legal privilege found to the stated extent.

Orders

  • ["The hearing may proceed on the basis that there is a waiver of client legal privilege concerning communications between about 13 October 2008 and 15 December 2008 between the Applicant and Mr Healey, Ms McGowan and Ms Macredie with respect to the Applicant's plea of guilty to murder."]