NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Lipton v R [2010] NSWCCA 175
HEARING DATE(S): 21 June 2010
JUDGMENT DATE: 9 August 2010
JUDGMENT OF: McClellan CJatCL at 1; Hislop J at 25; Barr AJ at 26
DECISION: 1. Application dismissed. 2. Applicant ordered to pay respondent's costs.
CATCHWORDS: CRIMINAL LAW - whether District Court judge erred in concluding there was a lack of evidence in support of a legitimate forensic purpose by the applicant in the form of a subpoena seeking production and access - failure by applicant to place material evidence before the court in establishing it was on the cards that the documents sought would assist the applicant's case
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
Attorney-General (NSW) v Chidgey [2008] NSWCCA 65; (2008) 182 A Crim R 536 CASES CITED : Principal Registrar of the Supreme Court v Tastan (1994) 75 A Crim R 498 R v Saleam [1999] NSWCCA 342 Taouk v R (1992) 65 A Crim R 387
Richard Lipton (applicant) PARTIES: Commissioner of Police (respondent) Director of Public Prosecutions
FILE NUMBER(S): CCA 2009/78658
P S Hastings QC (applicant) COUNSEL: M A Wigner SC/R Regattieri (respondent - Commissioner of Police) N Gouda (Director of Public Prosecutions)
SOLICITORS: James A Moustacas & Co (applicant) NSW Crown Solicitor's Office (respondent - Commissioner of Police)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/78658
LOWER COURT JUDICIAL OFFICER: King DCJ
LOWER COURT DATE OF DECISION: 9 April 2010
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