Director of Public Prosecutions (NSW) v Blackman [2015] NSWLC 25

Local Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Blackman [2015] NSWLC 25 Hearing dates: 6, 14, 16 July 2015, 11 September 2015 Date of orders: 02 October 2015 Decision date: 02 October 2015 Jurisdiction: Criminal Before: Favretto LCM Decision: Determination in favour of the DPP. The part of the subpoena which seeks documents that contain legal advice and/or opinion on credibility should be rejected as this does not amount to a legitimate forensic purpose. Legal professional privilege as to the remaining documents not produced has not been waived Catchwords: COMMITTAL PROCEEDINGS – charges withdrawn – application for costs – subpoena seeking documents relating to police investigation and withdrawal of CANs – legitimate forensic purpose - claim of legal professional privilege Legislation Cited: Costs in Criminal Cases Act 1967, s 3 Crimes (Appeal and Review) Act 2001, s 70 Criminal Procedure Act 1986, s 214, 225 Evidence Act 1995, ss 118, 122 Police Service Act 1990, s 170 Supreme Court Act 1970, s 17, Third Schedule Cases Cited: Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12 Attorney-General (NSW) v Chidgey [2008] NSWCCA 65 Beckett v State of New South Wales (No 3) [2013] NSWSC 791 Commissioner of Police v Hughes [2009] NSWCA 306 Cooper v Hobbs [2013] NSWCA 70 El-Zayet v The Queen [2014] NSWCCA 298 Fenwick v Wambo Coal Pty Ltd (No 2) [2011] NSWSC 353 Halpin v Department of Gaming and Racing [2007] NSWSC 815 Lam v R [2015] NSWCCA 143 Liristis v Gadelrabb [2009] NSWSC 441 Osland v Secretary to the Department of Justice [2008] HCA 37 Pi v State of New South Wales (No 4) [2015] NSWSC 1410 R v Manley [2000] NSWCCA 196 R v McFarlane (Supreme Court of NSW, Blanch AJ, 12 August 1994, unrep) R v Saleam [1999] NSWCCA 86 R v Seller; R v McCarthy [2015] NSWCCA 76 Category: Procedural and other rulings Parties: Director of Public Prosecutions Rodney Don Blackman Representation: Counsel: P Wass SC (for the defendant/applicant) M Kumar (for the DPP/respondent) File Number(s): 2014/333977