Templeton v Director of Public Prosecutions (NSW) [2018] NSWCA 154

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Templeton v Director of Public Prosecutions (NSW) [2018] NSWCA 154 Hearing dates: 9 July 2018 Date of orders: 09 July 2018 Decision date: 11 July 2018 Before: Payne JA Decision: (1) Dismiss the Applicant's Notice of Motion.

(2) Leave granted to the Applicant to file and serve an application to lead further evidence on the judicial review application together with that evidence by 23 July 2018.

(3) Matter stood over to 8 August 2018 for directions to fix date of hearing of appeal.

(4) Accept the undertaking given by the NSW Police that until further order of the court it will take no steps to destroy the property described in Exhibit 1 as X0001207943 (Kingston Data Traveller Brand USB Drive) and X0002064324 (Elements Brand Hard Drive).

(5) Pursuant to Court Suppression and Non-publication Orders Act 2010 (NSW) s 7(a), the applicant is to be referred to in these proceedings by the pseudonym Ms Templeton Catchwords: REFERRALS – case management – motion seeking preservation of evidence – motion seeking stay of order placing applicant on Child Protection Register – Supreme Court Act 1970 (NSW) s 69C – whether any evidence of intention to erase evidence from seized devices Legislation Cited: Child Protection (Offenders Registration) Act 2000 (NSW) ss 3, 3A, Part 3 Court Suppression and Non-publication Orders Act 2010 (NSW) ss 7(a), 8(1)(a), (c) Crimes Act 1900 (NSW) ss 91H, 578A Crimes (Sentencing Procedure) Act 1992 (NSW) s 9 Supreme Court Act 1970 (NSW) s 69C Cases Cited: Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 Category: Principal judgment Parties: Ms Templeton (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: