R v Russell [2022] NSWDC 513

District Court New South Wales

Medium Neutral Citation: R v Russell [2022] NSWDC 513 Hearing dates: 16 September 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. At the conclusion of these proceedings (including any appeal period), the Offender and any person who is acting, or who has from time to time acted, as his legal representative in this proceeding is: (a) to return any physical copies of material served as part of tranches 1 and 2 of the Brief of Evidence (Brief Material) that are in that person's possession to the Crown Solicitor's Office (sealed in boxes and marked 'Subject to Legal Professional Privilege', to the extent of any such claim), on the undertaking that: i. the Crown Solicitor's Office will secure those materials for a period of five years from the date of these orders, and provide them to the Court if so required at any time during that period; ii. no one in the employ of the Crown Solicitor will open the boxes marked "Subject to Legal Professional Privilege" without order of the Court. (b) to destroy any electronic copies of the material served as part of tranches 1 and 2 of the Brief of Evidence which are in the possession of, or accessible by, that person; (c) to destroy any listening device audio recording served as part of tranche 3 of the Brief of Evidence which is in the possession of, or accessible by, that person. 2. There is to be no use of the Brief Material returned to the Crown Solicitor's Office in compliance with Order 1(a) above except for the purpose of these proceedings or any appeal related to these proceedings. 3. In these orders, Brief Material includes: (a) any material served in the brief of evidence, whether in paper copy or stored electronically on a USB drive or any other form; (b) any note made of any of the contents of any material falling within Order 3(a) above. 4. The solicitor in the office of the New South Wales Crown Solicitor with carriage of these matters on behalf of the Commissioner of Police, shall be given prior notice in writing, by email to crownsol@cso.nsw.gov.au, of any subpoena or other legal process to be issued in which the true identities of any of the Witnesses referred to in this application may be disclosed. 5. All confidential affidavits and confidential submissions are to be returned to the Crown Solicitor at the conclusion of the hearing of this application on the undertaking that such material will be secured and provided to the Court if later required. 6. The solicitor in the office of the New South Wales Crown Solicitor with carriage of these matters on behalf of the Commissioner of Police, is promptly to notify in writing the legal representatives who have previously acted for the Offender from time to time in this proceeding of the terms of these orders. Catchwords: CRIMINAL PROCEDURE — Suppression and non-publication orders — Grounds Legislation Cited: Courts Suppression and Non Publication Act 2007 Law Enforcement (Controlled Operations) Act 1997 Cases Cited: Edwards v Avant Insurance Ltd [2020] TASSC 8 Hearne v Street (2008) 235 CLR 125 R v Russell [2022] NSWDC 416 Category: Procedural rulings Parties: Regina (Crown) Levi John Russell (Offender) Representation: Counsel: L Johnston (Commissioner of Police) D McCallum (Offender)