R v Abdaly; R v Hosseinishoja (No 1) [2022] NSWSC 1482

Supreme Court New South Wales

Medium Neutral Citation: R v Abdaly; R v Hosseinishoja (No 1) [2022] NSWSC 1482 Hearing dates: 28 October 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Notice of motion dismissed. Refuse the application to set aside the subpoena directed to the Department of Home Affairs. Catchwords: CRIMINAL LAW – subpoena issued by Prosecutor – attempt to obtain extraction of telephone records of accused – application to set aside subpoena – whether accused has standing – he obviously does – legitimate forensic purpose – "fishing" – caution in application of language employed in earlier cases – where issue between parties as to associations between accused and criminal group – not speculative that telephone may contain relevant evidence – legitimate forensic purpose established Legislation Cited: Supreme Court Act 1970 (NSW), Sch 3 Supreme Court Rules 1970 (NSW), Pt 75, r 3(g) Uniform Civil Procedure Rules 2005 (NSW), r 33.1(a), Pt 33 Cases Cited: Attorney-General (NSW) v Chidgey (2008) 182 A Crim R 536; [2008] NSWCCA 65 Commissioner of Police (NSW) v Fantakis [2022] NSWCCA 94 Mann v Commissioner of Police [2020] NSWSC 369 Principal Registrar of the Supreme Court v Tastan (1994) 75 A Crim R 498 R v Jenkin (No 2) [2018] NSWSC 697 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Waters v Secretary of the Attorney-General's Department (Cth) [2021] NSWCCA 193 Category: Procedural rulings Parties: Rex (Plaintiff) Sayed Anoush Abdaly (Defendant) Seyed Amirmohammad Hosseinishoja (Defendant) Representation: Counsel: D Patch (Rex) M Cunneen SC (Abdaly) G Brady SC with P Lange and M Ayache (Hosseinishoja)