Liristis v State of New South Wales [2018] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: Liristis v State of New South Wales [2018] NSWSC 39 Hearing dates: 30 January 2018 and 31 January 2018 Date of orders: 01 February 2018 Decision date: 01 February 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Mr Liristis forthwith be given access to his printer/scanner and laptop in custody and that he be permitted to use that equipment in the preparation and conduct of his case, both in custody prior to the commencement of the hearing and in the District Court, during the course of the trial.

(2) In the event that the Commissioner forms the view that the undertakings given to the Court by Mr Liristis have been breached, so as to give rise to an immediate security risk, the order will be suspended upon the Commissioner exercising the liberty hereby granted to have the matter restored to the list within 24 hours. In the event of any other breach of the undertakings, the Commissioner may have the matter restored to the list in order to have an application to have the orders suspended heard.

(3) The matter is adjourned to 16 April 2018 at 9:30am in the Registrar's list. Catchwords: ADMINISTRATIVE LAW – declaratory relief – applicant in custody – access sought to computer equipment – requirements for a fair trial – undertakings given – orders made Legislation Cited: Crimes (Administration of Sentences) Regulation 2014 (NSW) Supreme Court 1970 (NSW) Cases Cited: Brazel v Westin [2013] VSC 527 Clark v Commissioner for Corrective Services [2016] NSWCA 186 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Jago v District Court of NSW (1989) 168 CLR 23 Knight v Wise [2014] VSC 76 Miles v R [2012] NSWCCA 88 Patsalis v State of New South Wales (2012) 81 NSWLR 742; [2012] NSWCA 307 R v Rich (Ruling No 2) [2008] VSC 141 Category: Principal judgment Parties: Tony Liristis (Plaintiff) State of New South Wales (First Defendant) Commissioner for Corrective Services (Second Defendant) Representation: Counsel: Mr A Norrie (amicus curie) Mr JS Emmett (Defendants)