R v Hickman [2014] NSWDC 277

R v Hickman [2014] NSWDC 277

The court is empowered to make an order issuing subpoenas to facilitate consideration of documents for determining an application for leave, given that s 299B has effect despite s 298(1), following KS v Veitch (No 2).

Jurisdiction
Australia
Judgment Date
21 July 2014
Procedural Posture
Criminal / Procedural Application Before Trial
Outcome
Order issuing subpoenas to determine application for leave for the production of documents or their admission into evidence.
Legal Topics
['sexual Assault' 'evidence' 'subpoenas' 'protected Confidences' 'counselling Communication']
['criminal Law'] ['sexual Assault' 'evidence' 'subpoenas' 'protected Confidences' 'counselling Communication']

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Procedural Posture

Criminal / Procedural Application Before Trial

Legal Issues

  1. 1 ['Whether the court has the power to issue subpoenas for documents likely to be protected confidences before granting leave under s 298(1) of the Criminal Procedure Act 1986 (NSW).' 'How ss 298(1) and 299B of the Criminal Procedure Act 1986 (NSW) interact concerning access to protected confidences.']

Ratio Decidendi

The court is empowered to make an order issuing subpoenas to facilitate consideration of documents for determining an application for leave, given that s 299B has effect despite s 298(1), following KS v Veitch (No 2).

Court Disposition

Order issuing subpoenas to determine application for leave for the production of documents or their admission into evidence.

Orders

  • ['Order issuing subpoenas to produce documents to the court.']