NSW Caselaw
New South Wales Supreme Court
CITATION : Mackintosh v The Commissioner of Police (NSW) and Ors [2010] NSWSC 1064
HEARING DATE(S) : 9 September 2010
JUDGMENT DATE : 20 September 2010
JUDGMENT OF : Hoeben J
Leave to appeal granted from the decision of his Honour of 10 May 2010. DECISION : The appeal is allowed. The question of the production of and access to documents referred to in the subpoena relating to Susan Brock is remitted to the Local Court to be decided according to law. There is to be no order as to costs.
CATCHWORDS : EVIDENCE - subpoenas - legitimate forensic purpose - application to set aside - whether subpoena which seeks documents relevant only to credit of Crown witness other than the informant is legitimate - where credit is an important issue - whether reasonable grounds to think that documents relevant to impugned credit will be found - APPEAL - interlocutory application before Local Court - leave to appeal necessary - clear error of law - limitations on role of Court hearing appeal.
Crimes Act, 1900 LEGISLATION CITED : Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Criminal Procedure Act 1986
CATEGORY : Principal judgment
Aldred v European Hire Cars Pty Limited and Ors [1999] NSWSC 313 Alistair v The Queen (1984) 154 CLR 404 Attorney General for NSW v Dylan Chidgey [2008] NSWCA 65 CASES CITED : Attorney General for New South Wales v Stuart (1994) 34 NSWLR 667 Carroll v Attorney General for New South Wales (1993) 70 A Crim R 162 Commissioner of Police v Hughes [2009] NSWCA 306 Liristis v Gadelrabb [2009] NSWSC 441 R v Saleam (1999) 16 NSWLR 14
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