Adanguidi v The King [2023] NSWCCA 91

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Adanguidi v The King [2023] NSWCCA 91 Hearing dates: 05 April 2023 06 April 2023 17 April 2023 Date of orders: 17 April 2023 Decision date: 20 April 2023 Before: Weinstein J Decision: (1) The Crown application dated 23 March 2023 is dismissed. (2) The 65-page document in Mr Adanguidi's handwriting, undated, found in his Corrective Services NSW psychology file is a confidential communication attracting legal professional privilege and is not to be produced to the Crown. (3) The 65-page document is to remain on the court file in a sealed envelope marked "Privileged document. Not to be opened by any person other than a Supreme Court judge." Catchwords: LEGAL PROFESSIONAL PRIVILEGE – whether document contained in Corrective Services Psychology file attracts legal professional privilege – whether legal professional privilege has been waived Legislation Cited: Criminal Appeal Act 1912 Evidence Act 1995 Supreme Court (Criminal Appeal) Rules 2021 Cases Cited: Adanguidi v R (2006) 167 A Crim R 295; [2006] NSWCCA 404 Application by Crespin Adanguidi pursuant to s 78 Crimes (Appeal and Review) Act 2001 [2022] NSWSC 442 Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278 Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49; [1999] HCA 67 Lazar v R [2021] NSWCCA 132 R v Crespin Adanguidi [2005] NSWSC 519 Category: Procedural rulings Parties: Crespin Adanguidi (Appellant) Rex (Respondent) Representation: Counsel: T D Anderson SC (Appellant) G Newton SC (Respondent)