Robert Cramp v Commissioner of Police (No. 2) [2021] NSWDC 79

District Court New South Wales

Medium Neutral Citation: Robert Cramp v Commissioner of Police (No. 2) [2021] NSWDC 79 Hearing dates: 3, 16 and 19 March 2021 Date of orders: 19 March 2021 Decision date: 19 March 2021 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: 19 March 2021 Catchwords: CRIMINAL PROCEDURE — Trial — Case management — Pre-Trial Judgement - Police legally seized mobile phone from the applicant. The prosecution seeks to rely upon the contents of the phone. - Applicant maintains the phone may contain information material to his defence seeks an order to return the phone. Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) Evidence Act 1995 (NSW) Cases Cited: McQueen v Hawi [2008] NSWSC 136 Joukhador v Cmr of Police [2020] NSWSC 227 Fantakis v Commissioner of Police [2013] NSWSC Tye v Commissioner of Police (1995) 84 A Crim R 147 Malone v Metropolitan Police Commissioner [1980] 1 QB 49 Gollan v Nugent [1988] HCA 59; 166 CLR 18 Whealy J and Ghani v Jones [1970] 1 QB 693 Smethurst & anor v Commissioner of Australian Federal Police & Anor (2020) Marinko v Rames unrep NSWSC 13.8.71 Texts Cited: Nil Category: Procedural rulings Parties: Crown (Regina) Cramp (Accused) Representation: Regener Solicitor for the Commissioner of Police Hogan Solicitor for the Accused File Number(s): 2019/00347837 Publication restriction: Unrestricted.