PPC v Stylianou [2018] NSWCCA 300

PPC v Stylianou [2018] NSWCCA 300

The Principal Protected Confider had standing to seek leave to appeal under s 5F(3AA) and also under s 5F(3) of the Criminal Appeal Act 1912 (NSW). Section 298(2) of the Criminal Procedure Act 1986 (NSW) did not make the respondent's access application a further production application, because it concerns production to the Court. However, the District Court retained an implied power to grant or withhold access to subpoenaed documents, constrained but not exhausted by s 299B(3). Satisfaction of s 299B(3) was not sufficient to require access, and the Court was not precluded from considering the matters in s 299D and inspecting documents where necessary. Berman DCJ erred by concluding that...

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Interlocutory Appeal in Criminal Proceedings Concerning Sexual Assault Communications Privilege / Application for Leave to Appeal Against the Order of Berman DCJ Made on 31 October 2018; Appeal Allowed
Outcome
Leave to appeal granted; appeal allowed; District Court order set aside; proceedings remitted to the District Court to be dealt with according to law.
Legal Topics
['sexual Assault Communications Privilege' 'protected Confidences' 'subpoenas' 'access to Subpoenaed Documents' 'standing to Appeal' 'interlocutory Appeals']
['criminal Law' 'criminal Procedure' 'evidence'] ['sexual Assault Communications Privilege' 'protected Confidences' 'subpoenas' 'access to Subpoenaed Documents' 'standing to Appeal' 'interlocutory Appeals']

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Procedural Posture

Interlocutory Appeal in Criminal Proceedings Concerning Sexual Assault Communications Privilege / Application for Leave to Appeal Against the Order of Berman DCJ Made on 31 October 2018; Appeal Allowed

Legal Issues

  1. 1 ['Whether the Principal Protected Confider had standing to seek leave to appeal under s 5F of the Criminal Appeal Act 1912 (NSW).' 'Whether s 298(2) of the Criminal Procedure Act 1986 (NSW) required a further grant of leave before the respondent could access documents produced under subpoena.' 'Whether the District Court was precluded by s 299B(3) of the Criminal Procedure Act 1986 (NSW) from exercising an independent discretion as to whether access to subpoenaed documents recording protected confidences should be granted.' 'Whether the District Court should consider the matters in s 299D of the Criminal Procedure Act 1986 (NSW), and inspect documents where necessary, before granting access to protected confidence documents.']

Ratio Decidendi

The Principal Protected Confider had standing to seek leave to appeal under s 5F(3AA) and also under s 5F(3) of the Criminal Appeal Act 1912 (NSW). Section 298(2) of the Criminal Procedure Act 1986 (NSW) did not make the respondent's access application a further production application, because it concerns production to the Court. However, the District Court retained an implied power to grant or withhold access to subpoenaed documents, constrained but not exhausted by s 299B(3). Satisfaction of s 299B(3) was not sufficient to require access, and the Court was not precluded from considering the matters in s 299D and inspecting documents where necessary. Berman DCJ erred by concluding that...

Court Disposition

Leave to appeal granted; appeal allowed; District Court order set aside; proceedings remitted to the District Court to be dealt with according to law.

Orders

  • ['Grant leave to the applicant to appeal against the order of Berman DCJ made on 31 October 2018.' 'Allow the appeal.' 'Set aside that order.' 'Remit the proceedings to the District Court to be dealt with according to law.']