R v Bowden [2020] NSWDC 363

District Court New South Wales

Medium Neutral Citation: R v Bowden [2020] NSWDC 363 Hearing dates: 09 June 2020 Date of orders: 10 June 2020 Decision date: 10 June 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: 1 Grant access to the parties to the documents received from Commonwealth agency Services Australia [Medicare] 2 Access to those documents is to be confined to counsel and solicitors instructing counsel in the proceedings at this point 3 Refuse access to the remaining documents, subject to the agreement that has been reached on behalf of the protected confider for access to the material produced by the police, leaving aside from that order those documents produced yesterday from the police containing the material provided by the psychologist 4 The parties may have liberty to re-agitate this question when the Crown has given notice as to the use it wished to make of sequelae described by the complainant and observations said to have been observed by her mother Catchwords: CRIME — Child sex offences — Sexual intercourse with child <10 CRIME — Sexual offences — Act of indecency CRIMINAL PROCEDURE — Sexual assault communications privilege — Applications for leave CRIMINAL PROCEDURE — Subpoena — Objection to production of material — Sexual assault communications privilege Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Category: Principal judgment Parties: Regina (Crown) Daniel Bowden (Accused) Representation: Mr A Morris (Crown) Mr J Brock (Accused) Ms N Evans (Protected Confider)