R v Gittany (No 3) [2013] NSWSC 1670

Supreme Court New South Wales

Medium Neutral Citation: R v Gittany (No 3) [2013] NSWSC 1670 Hearing dates: 8 November 2013 Decision date: 13 November 2013 Before: McCallum J Decision: Call by Crown for production of documents over which client legal privilege claimed by accused rejected Catchwords: CRIME - evidence - where accused served notice of intention to call evidence that deceased had a tendency to act in a particular way - call by Crown for production of any statements taken by solicitor for accused from persons identified in notice - whether client legal privilege lost upon service of notice - whether client legal privilege lost upon calling witnesses to give evidence in the case for the accused Legislation Cited: Evidence Act 1995, ss 97, 119, 122, 167 Evidence Regulation 2010, cl 5 Cases Cited: Grey v R [2001] HCA 65 Lee v New South Wales Crime Commission [2013] HCA 39 Mallard v R [2005] HCA 68; (2005) 224 CLR 125 Petroulias (No 22) [2007] NSWSC 692; (2007) 176 A Crim R 309 R v Haydon (No 5) [2005] SASC 19 South Australian Government Financing Authority v Bank of New Zealand [2002] SASC 56 Category: Interlocutory applications Parties: Regina Simon Gittany (accused) Representation: Counsel: M Tedeschi AM QC (Crown) P Strickland SC (accused) Solicitors: Director of Public Prosecutions (Crown) Bannisters Lawyers & Attorneys (accused) File Number(s): 2011/250258 Publication restriction: None