R v Russell [2022] NSWDC 513

R v Russell [2022] NSWDC 513

Ancillary orders for the return and destruction of Brief Material were made to give practical effect to suppression/non-publication orders protecting witness identities, balancing the protection of informants and offender's legal professional privilege, and preventing collateral use for impermissible purposes in other proceedings.

Jurisdiction
Australia
Judgment Date
26 October 2022
Procedural Posture
Criminal / Post Sentence; Ancillary Application for Suppression and Destruction/return of Evidence
Outcome
Ancillary orders granted: offender's legal representatives to return or destroy Brief Material with protection for legal professional privilege.
Legal Topics
['suppression Orders' 'non Publication Orders' 'controlled Operations' 'legal Professional Privilege']
['criminal Law' 'criminal Procedure'] ['suppression Orders' 'non Publication Orders' 'controlled Operations' 'legal Professional Privilege']

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Procedural Posture

Criminal / Post Sentence; Ancillary Application for Suppression and Destruction/return of Evidence

Legal Issues

  1. 1 ['whether ancillary orders should be made to require return or destruction of Brief Material to give practical effect to prior suppression/non-publication orders' 'extent of legal professional privilege protection in Brief Material' 'whether offender should retain access to Brief Material for collateral proceedings']

Ratio Decidendi

Ancillary orders for the return and destruction of Brief Material were made to give practical effect to suppression/non-publication orders protecting witness identities, balancing the protection of informants and offender's legal professional privilege, and preventing collateral use for impermissible purposes in other proceedings.

Court Disposition

Ancillary orders granted: offender's legal representatives to return or destroy Brief Material with protection for legal professional privilege.

Orders

  • ["Return physical copies of Brief Material to Crown Solicitor's Office, sealed and marked 'Subject to Legal Professional Privilege', for five years." "Destroy all electronic copies of Brief Material held by offender's legal representatives." 'Destroy listening device audio in Brief Material from tranche 3.' 'No use...