NSW Caselaw
Reported Decision : 46 NSWLR 681 107 A Crim R 1
New South Wales Court of Criminal Appeal CITATION : R v Young [1999] NSWCCA 166 FILE NUMBER(S) : CCA 60522/98 HEARING DATE(S) : 05/11/98,23/11/98,29/03/99 JUDGMENT DATE : 7 July 1999
PARTIES : Regina v Brian James Young JUDGMENT OF : Spigelman CJ at 1; Beazley JA at 124; Abadee J at 217; James J at 232; Barr J at 217
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/31/0134 LOWER COURT JUDICIAL OFFICER : Judge Freeman
GJL Scragg (Appellant) PA Johnson SC/GJ Bartley (New England Area Health Service) PG Berman (Crown) COUNSEL : HendyQC/Dr CB Birch (Attorney General)
SOLICITORS : Locke O'Reilly McHugh (Appellant) SE O'Connor (Crown) CATCHWORDS : Criminal law and procedure - Evidence Act Pt3.10 Div1B - sexual assault communications privilege - whether applies to production of documents on subpoena, directly or derivatively - interpretation of Statutes - analogical or derivative application of Statutes - Public Interest Immunity. DECISION : Appeal allowed
IN THE COURT OF
CRIMINAL APPEAL
60522/98
SPIGELMAN CJ BEAZLEY JA ABADEE J JAMES J BARR J
Wednesday 7 July 1999
REGINA v Brian James YOUNG A District Court judge declined to grant the appellant, a defendant charged with sexual assault and indecent assault, access to patient's notes, records and files which had been produced in response to subpoenas issued on behalf of the appellant and directed to the Tamworth Base Hospital, a sexual assault service attached to that hospital and to a psychiatrist.
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