R v Bonanno; ex parte Protected Confider [2020] NSWCCA 156

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Bonanno; ex parte Protected Confider [2020] NSWCCA 156 Hearing dates: 6 July 2020 Date of orders: 6 July 2020 Decision date: 10 July 2020 Before: Bathurst CJ at [1]; Hoeben CJ at CL at [2]; Adamson J at [3] Decision: (1) Subpoena issued by her Honour Judge Syme on 1 June 2020 ordering production of documents pertaining to counselling with the complainant be set aside. (2) Grant leave to the protected confider to appeal under s 5F of the Criminal Appeal Act 1912 (NSW). (3) Allow the appeal. Catchwords: CRIME — Appeals — Interlocutory appeal — Sexual assault communications privilege — Where court below purported to grant leave for accused to issue subpoena for documents containing protected confidences — Where Crown and accused accepted order should not have been made as relevant provisions not complied with — Subpoena set aside Legislation Cited: Courts and Crimes Legislation Further Amendment Act 2010 (NSW) Criminal Appeal Act 1912 (NSW), s 5F Criminal Procedure Act 1986 (NSW), ss 295, 296, 298A, 299, 299A, 299C, 299D Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 24 November 2010 Category: Principal judgment Parties: Protected Confider (Applicant) Regina Salvatore Bonanno (Accused) Representation: Counsel: S Healy (Applicant) F Veltro (Crown) J O'Sullivan (Accused)