R v Hawkins [2020] NSWSC 1228

Supreme Court New South Wales

Medium Neutral Citation: R v Hawkins [2020] NSWSC 1228 Hearing dates: 31 August and 1 September 2020 Date of orders: 1 September 2020 Decision date: 10 September 2020 Jurisdiction: Common Law Before: Lonergan J Decision: See orders in [80] and [81] Catchwords: CRIMINAL LAW – subpoena – second time matter has been listed for trial – accused charged with murder – legitimate forensic purpose – whether material is, "on the cards", found to be relevant – whether orders should be made as to first access to material – whether subpoena to be set aside in part Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Mann v The Commissioner of Police [2020] NSWSC 369 Category: Procedural and other rulings Parties: Regina (Crown) Daniel Mark Hawkins (Accused) Representation: Counsel: G Turner (Crown) N Steel (Accused)

Solicitors: Director of Public Prosecutions (NSW) (Crown) Zhai & Associates Lawyers (Accused) File Number(s): 2018/378301 Publication restriction: Nil

Judgment 1. On 8 December 2018 Kenneth John Denniss was shot dead at his home in Maryland NSW. The accused has been charged with his murder. 2. The trial is listed to commence before a jury on 14 September 2020 with a four week estimate. 3. An issue has arisen regarding a subpoena for production served by the Crown on the Department of Communities and Justice on Thursday 27 August 2020. That subpoena seeks, amongst other things: "… 4. Audio recordings of all phone calls between inmate Daniel Mark Hawkins and Scott Woodward, Sarah Hardes and Nakita Martyn". 1. Those three people named in the subpoena were with the accused at various times during the afternoon of the shooting, although none of them were eye-witnesses to the shooting itself. 2. The question is whether I should allow this forensic step to be pursued in this way at this very late stage.