R v Spiteri-Ahern; R v Barber; R v Zraika (No 3) [2017] NSWSC 1277

R v Spiteri-Ahern; R v Barber; R v Zraika (No 3) [2017] NSWSC 1277

The Court, not having sufficient evidence as to witness history or access to the documents, cannot determine if any privilege applies; therefore, the subpoenas will be issued and returned to the Court for determination under s 299B as to whether they fall within the category of protected confidence.

Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Criminal / Procedural Ruling on Subpoena Issue
Outcome
Issue of subpoenas allowed; documents produced to be returned to Court to determine whether they are protected confidences.
Legal Topics
['subpoena' 'protected Confidence' 'privilege' 'sexual Assault Proceedings']
['criminal Law'] ['subpoena' 'protected Confidence' 'privilege' 'sexual Assault Proceedings']

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Procedural Posture

Criminal / Procedural Ruling on Subpoena Issue

Legal Issues

  1. 1 ['Whether documents sought by subpoena are protected confidences under Criminal Procedure Act 1986, Part 5, Division 2' 'Whether privilege applies to the documents sought']

Ratio Decidendi

The Court, not having sufficient evidence as to witness history or access to the documents, cannot determine if any privilege applies; therefore, the subpoenas will be issued and returned to the Court for determination under s 299B as to whether they fall within the category of protected confidence.

Court Disposition

Issue of subpoenas allowed; documents produced to be returned to Court to determine whether they are protected confidences.

Orders

  • ['Issue of the subpoena allowed' 'Documents produced as a result of the subject subpoena to be returned to the Court and, pursuant to s 299B of the Criminal Procedure Act 1986, Court will determine whether documents fall within category of protected confidence, and if so, appropriate notice will be given to witness...