R v Krivosic (No. 1) [2021] NSWSC 1501

Supreme Court New South Wales

Medium Neutral Citation: R v Krivosic (No. 1) [2021] NSWSC 1501 Hearing dates: 17 November 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: An order is made pursuant to ss.130(1) and 131A Evidence Act 1995 excusing the New South Wales Commissioner of Police from producing documents in response to the subpoena issued on behalf of the Accused on 12 November 2021 on the basis of public interest immunity. Catchwords: CRIMINAL LAW – murder trial – subpoena issued by defence – application to be excused from production of documents on ground of public interest immunity – claim for public interest immunity upheld Legislation Cited: Evidence Act 1995 Cases Cited: Attorney General (NSW) v Kaddour and Turkmani [2001] NSWCCA 456 Attorney General (NSW) v Lipton (2012) 224 A Crim R 177; [2012] NSWCCA 156 Cain v Glass (No 2) (1985) 3 NSWLR 230 Director of Public Prosecutions v Smith (1996) 86 A Crim R 308 Gypsy Jokers Motorcycle Club Inc v Commissioner of Police (2008) 234 CLR 532; [2008] HCA 4 R v Francis (2004) 145 A Crim R 233; [2004] NSWCCA 85 R v Meissner (1994) 76 A Crim R 81 State of New South Wales v Public Transport Ticketing Corporation [2011] NSWCA 60 Texts Cited: --- Category: Procedural rulings Parties: Regina (Crown) Marko Krivosic (Accused) Representation: Counsel: Ms M England; Mr BG Page (Crown) Mr N Steel (Accused) Mr DK Jordan (New South Wales Commissioner of Police)