R v Warwick (No.81) [2020] NSWSC 76

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.81) [2020] NSWSC 76 Hearing dates: 26 November 20199 December 2019 Date of orders: 10 December 2019 Decision date: 24 February 2020 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Set aside the subpoena issued at the request of the Accused to the Commissioner of Police NSW on 4 November 2019 which is marked Exh TY. (2) Set aside the subpoena issued at request of Accused to the Commissioner of Police NSW on 15 November 2019 which is marked Exh TZ. (3) Otherwise dismiss the Notices of Motion filed by Commissioner of Police on 7 November 2019 and 25 November 2019. Catchwords: CRIMINAL PROCEDURE – application to set aside two subpoenas – whether subpoenas objected to have a legitimate forensic purpose –subpoenas set aside Legislation Cited: Criminal Procedure Act 1986 Director of Public Prosecutions Act 1986 Cases Cited: Marwan v Director of Public Prosecutions [2019] NSWCCA 161 R v Warwick (No.12) [2018] NSWSC 522 R v Warwick (No.15) [2018] NSWSC 652 R v Warwick (No.16) [2018] NSWSC 733 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 (Applicant)

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co (Accused) NSW State Crown Solicitors' Office (Commissioner of Police NSW) 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 witnesses