R v Katherine John [2020] NSWLC 2

Local Court New South Wales

Medium Neutral Citation: R v Katherine John [2020] NSWLC 2 Hearing dates: 15 April 2020 Date of orders: 2 July 2020 Decision date: 02 July 2020 Jurisdiction: Criminal Before: Magistrate Donnelly Decision: Application to revoke certificate issued under clause 14(1) refused and dismissed. Catchwords: CRIMINAL PROCDURE – search warrants – Law Enforcement (Powers and Responsibilities) Regulation 2016 – clause 14 (1) certificate issued by Registrar - certified records not available for inspection by occupier – application to revoke the certificate – whether certificate should be revoked on the basis disclosure of documents is not likely to jeopardise any person's safety or seriously compromise the investigation of any matter – jurisdiction – "eligible issuing officer" – public interest immunity – matters of state Legislation Cited: Evidence Act 1995 s 130 Law Enforcement (Powers and Responsibilities) Act 2002 s 3 Law Enforcement (Powers and Responsibilities) Regulation 2016 cll 13, 14 Cases Cited: Chief Constable of the Greater Manchester Police v McNally [2002] EWCA Civ 14 D v National Society for the Prevention of Cruelty to Children [1978] AC 171 HT v Queen [2019] HCA 40 Marks v. Beyfus (1890) 25 QBD 494 Sankey v Whitlam (1978) 142 CLR 1 R v Ohar [2004] NSWCCA 83; (2004) 59 NSWLR 596 R v Young [1999] NSWCCA 166;(1999) 107 A Crim R 1 Category: Procedural rulings Parties: Prosecution: NSW Police (respondent)

Defendant: Katherine John (applicant) Representation: Prosecution: Sergeant Haines