R v Leung; R v Webster (No. 2) [2022] NSWDC 138

District Court New South Wales

Medium Neutral Citation: R v Leung; R v Webster (No. 2) [2022] NSWDC 138 Hearing dates: 5, 6, 7, 8, 11, 12, 13, 14 April 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: 1. I grant access to each of the accused persons to the whole of the email of 1 April 2022 at 10.29am from Senior Constable Grogin to the Crown Prosecutor and which was copied onto the solicitor with the carriage of the matter at the ODPP. 2. I uphold the claim for privilege in respect of the communication from Ms Nightingale to Senior Constable Grogin made on Friday, 1 April 2022 at 10.56am. 3. I remove from MFI VD1 the communication of 1 April 2022 at 10.29am. The two documents remaining in MFI VD1 are to be returned to the Crown. Catchwords: CRIME – VOIR DIRE – EXPERT EVIDENCE – ADMISSIBILITY - PRACTICE AND PROCEDURE – Legal Professional Privilege. Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Kennedy v Wallace [2004] FCAFC 337; (2004) 142 FCR 185 R v Leung; R v Webster (No. 1) [2022] NSWDC 137 Waterford v Commonwealth of Australia (1987) 163 CLR 54 Texts Cited: Nil. Category: Procedural rulings Parties: R – Crown First Accused – Canny Leung Second Accused – Cameron Stewart Webster Representation: Counsel: Crown – Nightingale, K First Accused– Boe, A and O'Neill, C. Second Accused – Ramrakha, T. Solicitors: Crown – Office of the Director of Public Prosecutions First Accused – Nyman Gibson Miralis Defence Lawyers and Advisors Second Accused – LegalAid File Number(s): 2019/276597; 2019/276599 Publication restriction: Nil.