R v Turnbull (No. 2) [2016] NSWSC 678

Supreme Court New South Wales

Medium Neutral Citation: R v Turnbull (No. 2) [2016] NSWSC 678 Hearing dates: 18 March 2016 Date of orders: 18 March 2016 Decision date: 18 March 2016 Jurisdiction: Common Law Before: Johnson J Decision: Documents caught by the subpoena to be produced to the Court for inspection to determine whether access should be granted to the parties. Catchwords: CRIMINAL LAW – murder trial - defence to rely upon partial defences of substantial impairment and extreme provocation - subpoena issued for Accused - claim that subpoena a fishing expedition - inspection of documents by Court Legislation Cited: Native Vegetation Act 2003 Cases Cited: Alister v The Queen [1984] HCA 85; 154 CLR 404 R v Saleam (1989) 16 NSWLR 14 Darcey v Pre-Term Foundation Clinic [1983] 2 NSWLR 497 Perish v R [2015] NSWCCA 237 R v Turnbull (No 1) [2016] NSWSC 189 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Ian Robert Turnbull (Accused) Representation: Counsel: Mr PE Barrett (Crown) Mr T Alexis SC; Ms C O'Neill (Accused) Mr DK Jordan (Applicant - Office of Environment and Heritage)

Solicitors: Office of the Director of Public Prosecutions (Crown) Cole & Butler (Accused) Gordon Plath (Applicant - Director Litigation, Office of Environment and Heritage) File Number(s): 2014/223920 Publication restriction: ---