R v Warwick (No.29) [2018] NSWSC 901

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.29) [2018] NSWSC 901 Hearing dates: 14 and 15 June 2018 Date of orders: 18 June 2018 Decision date: 18 June 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Set aside paragraphs 1, 3, 4, 10, 15, 16, 17 and 18 of the Schedule to the Subpoena filed by the Accused on 1 June 2018 (being Exh TA); (2) Set aside paragraph 2 of the Schedule to Exh TA except (a) and (c), and then only so far as those notebooks refer to enquiries or investigations made with respect to: (i) Timothy BRISTOW; (ii) Reginald David SHATFORD; and/or (iii) Graham Russell STOLZ and only insofar as those notebooks refer to the matters set out in Exh TC. (3) Set aside paragraph 9 of the Schedule to Exh TA except as follows: (i) all recordings, notebook entries, duty book entries and the documents created during the investigation into the matters in paragraph (a) of the Schedule to Exh TA of, including, and referring to, OWEN MUHN; and (ii) any and all statements made by Khaled Hamze (also known as Khaled Hamzy) prior to 3 January 2018, together with all notebook or duty book entries relating to the obtaining, variation and finalisation of any such statement. (4) Otherwise dismiss the Notice of Motion filed by the Commissioner of the NSW Police on 12 June 2018, seeking orders with respect to Exh TA. Catchwords: CRIMINAL PROCEDURE – application to set aside paragraphs of a subpoena issued to Commissioner of NSW Police – where subpoena sought historical Police documents including notebooks and operating manuals – where subpoena also sought search warrant records and interview records – whether subpoena amounted to discovery and was a fishing expedition – where a legitimate forensic purpose existed only in respect of certain paragraphs – schedule to the subpoena set aside in part – balance of notice of motion dismissed Legislation Cited: Listening Devices Act 1984 (NSW) Cases Cited: Alister v R [1984] HCA 85; (1984) 154 CLR 404 Attorney-General (NSW) v Chidgey [2008] NSWCCA 65; (2008) 182 A Crim R 536 Carroll v Attorney-General for NSW (1993) 70 A Crim R Principal Registrar of the Supreme Court of NSW v Tastan (1994) 75 A Crim R 498 R v Saleam [1989] 16 NSWLR 14; (1989) 39 A Crim R 406 R v Saleam [1999] NSWCCA 86 R v Warwick (No.12) [2018] NSWSC 522 R v Warwick (No.16) [2018] NSWSC 733 R v Warwick (No.2) [2017] NSWSC 1225 R v Warwick (No.28) [2018] NSWSC 812 Roads and Traffic Authority of NSW v Conolly [2003] NSWSC 327; (2003) 57 NSWLR 310 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: L Steuckradt (Crown) A R Conolly / E Ramsay (Accused) P Singleton (Commissioner NSW Police)