R v Lipton, Richard [2010] NSWDC 187

New South Wales District Court

CITATION: R v Lipton, Richard [2010] NSWDC 187

JUDGMENT DATE: 9 April 2010

JURISDICTION: Criminal

JUDGMENT OF: King SC DCJ

DECISION: In respect of the subpoena, the Court orders that para 1 as confined by agreement between the parties, para 2 and para 4 issued to the Commissioner of Police on 25 November 2009 are set aside on the grounds that the subpoena lacks a legitimate forensic purpose to require production of the documents, subject to those paragraphs of the schedule.

CATCHWORDS: Notice of Motion to set aside subpoena - legitimate forensic purpose - fishing expedition - public interest immunity

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985

Attorney-General for New South Wales v Ghidgey [2008] NSWCCA 65 CASES CITED: Commissioner for Railways v Small (1938( 38 SR (NSW) 563 Carroll v Attorney-General (1993) 70 ACrimR 162 R v Saleam [1999] NSWCCA 66

Regina PARTIES: Commissioner of Police (NSW) Lipton, Richard

FILE NUMBER(S): 2009/78658

COUNSEL: Mr P A Regattieri for Commissioner of Police (NSW) Mr P Hastings QC for Mr R Lipton

JUDGMENT

1 HIS HONOUR: The matter before the Court is a notice of motion to set aside a subpoena issued by the defendant in respect of criminal proceedings between Regina and Richard Alexander Lipton. The subpoena was issued to the Commissioner of Police on 25 November 2009. The Commissioner seeks to have the subpoena set aside only in part, that part being paras 1, 2 and 4.

2 Paragraph 1 of the schedule refers to all duty notebooks and diaries then on issue to any officer involved in the investigation and/or arrest of Richard Alexander Lipton in the period January 2009 to May 2009. By agreement between the parties, the terms of para 1 have been narrowed for present purposes to such documents as relate to the investigation or arrest of Richard Lipton, and to a Melanie Brown.