NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Magenta (a pseudonym) [2022] NSWDC 674 Hearing dates: 1 July 2022, 26 August 2022, 3 November 2022, 4 November 2022, 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Criminal Before: Grant DCJ Decision: Redacted documents to be released to the Defence for the lawyers eyes only. Catchwords: Orders to produce, principal protected confider, EMDR, sexual assault, communicative privilege, subpoena, legitimate forensic purpose, sexual intercourse without consent, the test for determining the issue of leave, pre trial ruling, confidential statement Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: AG for NSW v Chidgey [2008] NSWCCA 65 KS v Veitch (No 2) [2012] NSWCCA 266 PPC v Williams [2013] NSWCCA 286 R v Jenkyns (1993) 32 NSWLR 712 R v KG [2001] NSWCCA 510 R v McFelin (1985) 2 NZLR 139 R v Saleam [1999] NSWCCA 86 R v Tillett (1995) 38 NSWLR 1 Category: Procedural rulings Parties: Regina (Crown) Magenta (a pseudonym) (Accused) Representation: Counsel: Mr Fernandez (Accused)
Solicitors: Mr O'Brien (Solicitor for the protected confider) Ms Dawson (Solicitor for the Director of Public Prosecutions) File Number(s): 2021/000455598
JUDGMENT 1. HIS HONOUR: This is judgment in relation to the matter of Magenta (a pseudonym).
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