Salter v The Director of Public Prosecutions (NSW) [2011] NSWCA 190

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Salter v The Director of Public Prosecutions (NSW) [2011] NSWCA 190 Hearing dates: 30 May 2011 Decision date: 14 July 2011 Before: Allsop P at [1] McClellan CJ at CL at [2] Sackville AJA at [33] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. 3. No order as to costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - s308H Crimes Act 1900 - unauthorised access to restricted data - ulterior purpose for access - can 22 convictions be considered oppressive - leave to appeal granted - appeal dismissed. Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Crimes (Appeal and Review) Act 2001 Crimes Amendment (Computer Offences) Act 2001 (NSW) Interpretation Act 1987 (NSW) Supreme Court Act 1970 Cases Cited: Australian Boot Trade Employees Federation v Whybrow & Co (1910) 11 CLR 311 Ballysingh (1953) 37 Cr App R 28 Barker v R [1983] HCA 18 Director of Public Prosecutions v Merriman [1973] AC 584 Director of Public Prosecutions v Murdoch (1993) 1 VR 406 Gilmour v DPP (Cth) (1995) 43 NSWLR 243 Category: Principal judgment Parties: Natalie Maree Salter (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: J L Glissan QC/W J Wilcher (Applicant) D Arnott SC (Respondent) Prime Lawyers (Applicant) Director of the Office of Public Prosecutions (NSW) (Respondent) File Number(s): 2010/133061 Decision under appeal Date of Decision: 2010-04-30 00:00:00 Before: Magistrate O'Shane File Number(s): H32557587