NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SOOD v REGINA [2006] NSWCCA 252 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 26 June 2006
JUDGMENT DATE: 26 June 2006
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 21; Latham J at 33
EX TEMPORE JUDGMENT DATE: 11/18/2006
DECISION: Application for leave to appeal is refused.
CATCHWORDS: CRIMINAL LAW - 5F APPLICATION - unlawfully administering a drug with intent to procure a miscarriage - subpoena - whether a fishing expedition or abuse of process - whether legitimate forensic purpose - whether related to meeting anticipated defences - whether relevant as character evidence - whether relevant to allegation of negligence
Alister v R [1983-1984] 154 CLR 404 CASES CITED: Roads and Traffic Authority of New South Wales v Connolly (2003) 57 NSWLR 310 R v Hoy, unreported, CCA, 18 July 1994 R v Stig, unreported, CCA, 17 October 1996
PARTIES: Suman Sood (Appl) The Crown
FILE NUMBER(S): CCA 2006/1417
COUNSEL: P Boulten SC (Appl) M Tedeschi QC/Ms Smith (Crown)
SOLICITORS: P Tsaousidis (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2005/2353
LOWER COURT JUDICIAL OFFICER: Barr J
LOWER COURT DATE OF DECISION: 23 May 2006
IN THE COURT OF CRIMINAL APPEAL 2006/1417
McCLELLAN CJ at CL ADAMS J LATHAM J
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