R v Warwick (No.89) [2020] NSWSC 43

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.89) [2020] NSWSC 43 Hearing dates: 3 February 2020, 4 February 2020 Date of orders: 04 February 2020 Decision date: 04 February 2020 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Order that the subpoena issued by the Accused to the Commissioner of Police, NSW Police on 31 January 2020 be set aside in whole. (2) Otherwise dismiss the Notice of Motion filed on 3 February 2020. Catchwords: CRIMINAL PROCEDURE – subpoenas – application to set aside - whether a subpoena constitutes a "fishing expedition" – held that subpoena had no legitimate forensic purpose– subpoena set aside in whole Legislation Cited: Not Applicable Cases Cited: Alister v R [1983] HCA 45; (1984) 154 CLR 404 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 R v Warwick (No 12) [2018] NSWSC 522 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A R Conolly / I Benson (Accused) P Singleton (NSW Commissioner of Police) Respondent

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co NSW Crown Solicitors Office (NSW Commissioner of Police) (Respondent) File Number(s): 2015/222068 Publication restriction: Suppression order in relation to the names of the Accused's wife and daughter: see R v Warwick (No.7) [2018] NSWSC 236. Suppression orders in relation to identification of particular witnesses.