R v Richard LIPTON (No.2) [2010] NSWDC 295

New South Wales District Court

CITATION: R v Richard LIPTON (No.2) [2010] NSWDC 295 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29/10/10; 12/11/10; 26/11/10.

JUDGMENT DATE: 26 November 2010

JURISDICTION: CRIMINAL JURISDICTION

JUDGMENT OF: Finnane QC DCJ

DECISION: Stay of proceedings granted until the Director of Public Prosecutions informs the Court that it has sought and obtained from the officer in charge all the documents pertaining to the relationship between the Police and Melanie Brown; and further that the Director has formed an opinion on whether those documents may be relevant to any matter of sentence of the offender; and further that the Director has communicated that opinion to the legal adviser of the offender. (Note: a Crown appeal is pending as of the date of publication of this judgment)

CATCHWORDS: Notice of motion for stay of proceedings - Crown's duty of disclosure - material in possession of the New South Wales Police - whether Director of Public Prosecutions ought to obtain existing documents and form an opinion as to whether they should be disclosed.

Guidelines of the Office of the Director of Public LEGISLATION CITED: Prosecutions (NSW) Guidelines (s 18) Director of Public Prosecutions Act 1986 (NSW), Schedule 1.

CASES CITED: Grey v the Queen [2001] HCA 65; Mallard v the Queen [2005] HCA 68; Regina v Blackledge [1996] 1 Cr. App.R 326; Regina v Brown [1994] 1 WLR 1599; Regina v Maguire and others [1992] 2 WLR 767; Regina v Petroulias (no 22) [2007] NSWSC 2007.

PARTIES: Regina Lipton, Richard

FILE NUMBER(S): 2009/78658

Mr P Hastings QC for the applicant COUNSEL: Mr G Bellew SC for the Crown