R v Rogerson; R v McNamara (No 37) [2016] NSWSC 304

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 37) [2016] NSWSC 304 Hearing dates: 21 March 2016 Date of orders: 21 March 2016 Decision date: 21 March 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [34] Catchwords: CRIMINAL LAW – Evidence – Evidence of protected confidence – Application by protected confider that evidence of protected confidence be excluded –Observations as to the proper approach to be adopted upon the making of such an application where the protected confidences sought to be excluded are contained in documents – Where inappropriate to seek exclusion of the entirety of the document – Application granted in respect of those parts of the documents in which there was evidence of a protected confidence Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Rogerson, R v McNamara (No 1) (2015) NSWSC 592 R v Young [1999] NSWCCA 166; (1999) 46 NSWLR 681 Wilson v the State of New South Wales [2003] NSWSC 805 Texts Cited: Uniform Evidence in Australia – Williams & ors (Lexis Nexis 2015) Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara – Accused Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas – Accused Rogerson Ms K Shead – Accused McNamara Mr C Steirn SC – Paul Kenny (Applicant)

Solicitors: Director of Public Prosecutions - Crown Katsoolis and Co – Accused Rogerson Kings Law Group – Accused McNamara O'Brien Lawyers – Paul Kenny (Applicant) File Number(s): 2014/157408; 2014/156921 Publication restriction: Nil