NSW Caselaw
Reported Decision : 52 NSWLR 341
New South Wales Court of Appeal
CITATION : DIRECTOR OF PUBLIC PROSECUTIONS v WEBB [2001] NSWCA 307 FILE NUMBER(S) : CA 40673/00 HEARING DATE(S) : 28 August 2001 JUDGMENT DATE : 12 September 2001
PARTIES : DIRECTOR OF PUBLIC PROSECUTIONS v Kerri Lee WEBB JUDGMENT OF : Mason P at 1; Brownie AJA at 39; Studdert J at 40
LOWER COURT JURISDICTION : Supreme Court LOWER COURT SC 10819/00 FILE NUMBER(S) : LOWER COURT O'Keefe J JUDICIAL OFFICER :
COUNSEL : Appellant: P Lakatos Respondent: S J Odgers SC SOLICITORS : Appellant: S E O'Connor - Sol for Public Prosecutions Respondent: Watsons CATCHWORDS : Evidence - admissibility - opponent charged with summary offences - brief served on opponent contained evidence obtained pursuant to warrants under Listening Devices Act 1984 (NSW) and the Telecommunications (Interception) Act 1979 (Cth) - brief did not include warrants or evidentiary certificates - s66B Justices Act 1902 - whether warrants should have been included in brief - "documents regarding the evidence that the prosecution intends to adduce in order to prove the commission" - DPP v Sounthorn [1999] NSWSC 786. (D) Justices Act 1902 LEGISLATION CITED : Listening Devices Act 1984 (NSW) Telecommunications (Interception) Act 1979 (Cth). CASES CITED: Director of Public Prosecutions v West (2000) 48 NSWLR 647 DPP v Sounthorn [1999] NSWSC 786 DECISION : Appeal dismissed with costs.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40673/00 MASON P BROWNIE AJA STUDDERT J
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