JB v R [2015] NSWCCA 182

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JB v R [2015] NSWCCA 182 Hearing dates: 24 March 2015 Decision date: 10 July 2015 Before: Hoeben CJ at CL at [1] Adams J at [1] McCallum J at [45] Decision: (1)The Commissioner of Police to produce the Police Source System records relating to 107A to which Inspector O had access up to 1 September 2009.

(2)The code numbers relating to 107A be redacted from the records so produced.

(3)Access is granted to the parties of that part of the produced documents that relate to 107A's involvement in the investigation of the murder of Edward Spowart (to be marked for identification 1). Catchwords: CRIMINAL LAW – applicant convicted of murder – miscarriage of justice conceded by Crown – conviction quashed – issues whether verdict of acquittal should be entered or re-trial ordered – Notice to Produce addressed to Commissioner of Police – public interest immunity raised – claim for public interest immunity upheld in part – claim of legal professional privilege by Crown – claim for legal professional privilege not upheld. Legislation Cited: Crimes (Appeal and Review) Act 2001 – s 78 Criminal Appeal Act 1912 – s 8(1) Evidence Act 1995 – s 130 Cases Cited: Alister v The Queen [1984] HCA 85; 154 CLR 404 Attorney General for NSW v Stuart (1994) 34 NSWLR 667 Cain v Glass (No 2) (1985) 3 NSWLR 230 DPP (Nauru) v Fowler [1984] HCA 48; 154 CLR 627 Gilham v R [2012] NSWCCA 131; 224 A Crim R 22 JB v R [2012] NSWCCA 12; 83 NSWLR 153 Peacock v R [1911] HCA 66; 13 CLR 619 R v Taufahema [2007] HCA 11; 228 CLR 232 R v Wilkes [1948] HCA 22; 77 CLR 511 Category: Procedural and other rulings Parties: JB – Applicant Regina – Respondent Crown Commissioner of Police – Third Party Representation: Counsel: Mr T Game SC/Ms G Bashir SC – Applicant Mr J Pickering SC – Respondent Crown Mr P Singleton – Commissioner of Police