The Director of Public Prosecutions v Genders [2000] NSWSC 62

New South Wales Supreme Court

CITATION : The Director of Public Prosecutions v Genders [2000] NSWSC 62 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 12811/99 HEARING DATE(S) : 9 February 2000 JUDGMENT DATE : 23 February 2000

PARTIES : The Director of Public Prosecutions v Christopher Eric Genders JUDGMENT OF : Brownie AJ at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Mr W Evans SM JUDICIAL OFFICER :

COUNSEL : Mr Marien (for the plaintiff) Mr Porter QC & Mr Barber (for the defendant) SOLICITORS : S E O'Connor (for the plaintiff) Walter Madden Jenkins (for the defendant) CATCHWORDS : No question of principle LEGISLATION CITED : Crimes Act 1900 s 309(3)(e) Suitors Fund Act 1951 CASES CITED : R v Tolmie CCA 7 December 1994 unreorted Hunt CJ at CL DECISION : Appeal allowed. Orders made 22 October 1999 permanently staying prosecution of defendant. Grant defendant a certtificate under the Suitors Fund Act.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION BROWNIE, AJ Wednesday, 23 February 2000 12811/99: THE DIRECTOR OF PUBLIC PROSECUTIONS v CHRISTOPHER ERIC GENDERS

JUDGMENT

1 HIS HONOUR: On 30 April 1999 a police officer laid four informations against the defendant, a police constable. In three of those cases it was alleged that the defendant had offended against section 309(3)(e) of the Crimes Act 1900 in that without authority or lawful excuse he had intentionally obtained access to data stored in a police computer, which he ought reasonably to have known related to the personal affairs of another person; and in the fourth case it was alleged that he had attempted to do that. The various offences were said to have occurred between 17 February 1994 and 7 October 1995.