NSW Caselaw
Reported Decision: 181 A Crim R 372
New South Wales Court of Criminal Appeal
CITATION: Jovanovski v R [2008] NSWCCA 9
HEARING DATE(S): 30 January 2008
JUDGMENT DATE: 30 January 2008
JUDGMENT OF: Hodgson JA at 1; Kirby J at 26; Buddin J at 27
EX TEMPORE JUDGMENT DATE: 30 January 2008
DECISION: The application for leave to appeal is refused.
CATCHWORDS: PRACTICE - Subpoenas - Subpoena of documents concerning counselling sessions with a witness - Whether inspection should be granted - Legitimate forensic purpose - Reasonable chance of supporting defence - Whether test different where forensic purpose concerns credibility only.
LEGISLATION CITED: Evidence Act 1995 ss 102 and 103
CATEGORY: Procedural and other rulings
Alister v The Queen (1984) 154 CLR 404 CASES CITED : R v Saleam (1989) 16 NSWLR 14 NSW Commissioner of Police v Tuxford [2002] NSWCA 139 Roads and Traffic Authority of New South Wales v Conolly, [2003] NSWSC 327, (2003) 57 NSWLR 310
Tony JOVANOVSKI (App) PARTIES: Ms A KARAS (Resp) REGINA
FILE NUMBER(S): CCA 2007/5603
D C McCallum (App) COUNSEL: J Healey (Resp: Ms A Karas) Crown (not represented)
SOLICITORS: Russell McLelland Brown Lawyers (App) Dahlmann Burke Lawyers (Res: Ms A Karas)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/41/0170
LOWER COURT JUDICIAL OFFICER: Conlon DCJ
LOWER COURT DATE OF DECISION: 24 October 2007
IN THE COURT OF CRIMINAL APPEAL 2007/5603001
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