R v Spiteri-Ahern; R v Barber; R v Zraika (No 3) [2017] NSWSC 1277

Supreme Court New South Wales

Medium Neutral Citation: R v Spiteri-Ahern; R v Barber; R v Zraika (No 3) [2017] NSWSC 1277 Hearing dates: 31 August 2017 Date of orders: 31 August 2017 Decision date: 31 August 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) Issue of the subpoena allowed; (2) Documents produced as a result of the subject subpoena to be returned to the Court and, pursuant to the terms of s 299B of the Criminal Procedure Act 1986, after which the Court will determine whether the documents fall within the category of a protected confidence, and if so, appropriate notice will be given to the witness and the other parties. Catchwords: SUBPOENA – suggestion that documents sought caught by privilege created for communication in confidence of victim of sexual assault – Court not aware of circumstance of person's history, nor nature of documents – subpoena issued for purpose of determining preliminary issue of whether privilege under s 295 of the Criminal Procedure Act 1986 applied. Legislation Cited: Criminal Procedure Act 1986, Part 5, Division 2, ss 295, 296, 299B, 299C Category: Procedural rulings Parties: 2014/00180060: Regina (Crown) Louise Catherine SPITERI-AHERN (Accused)

2014/00180279: Regina (Crown) April BARBER (Accused)

2014/00235123: Regina (Crown) Amin ZRAIKA (Accused) Representation: Counsel: 2014/00180060: D Patch (Crown) J Trevallion (Accused)