SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v QX (No 3) |
Citation: | [2021] ACTSC 245 |
Hearing Date: | 18 December 2020 |
DecisionDate: | 28 September 2021 |
Before: | Loukas-Karlsson J |
Decision: | See [55] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – subpoenas – subpoena issued by accused – prosecution application to set aside subpoena – protected confidence – s 126B of the Evidence Act 2011 (ACT) – s 131A of the Evidence Act 2011 (ACT) – whether legitimate forensic purpose – whether fishing expedition – whether nature and extent of harm of allowing subpoena outweighs the desirability of evidence being presented |
Legislation Cited: | Court Procedure Rules 2006 (ACT) rr 6604, 6609 Crimes Act 1900 (ACT) ss 55, 61, 66 Evidence (Miscellaneous Provisions) Act 1991 (ACT) div 4.4.3, s 79A |
Cases Cited: | Alister v The Queen (1984) 154 CLR 404 Attorney-General for New South Wales v Stuart (1994) 34 NSWLR 667 Waind v Hill and National Employers’ Mutual General Association [1978] 1 NSWLR 372 |
Texts Cited: | Association of American Physicians and Surgeons, ‘Amicus Curiae Brief of the Association of American Physicians and Surgeons in Support of the Respondent-Appellant Abbas T.Zadeh, In Support of Reversal’, submission in United States v Zadeh (5th Cir, No 15-10195) 13 July 2015 Australian Medical Association, ‘Ethical Guidelines for Disclosing Medical Records to Third Parties 2010 (revised 2015)’ Stephen Odgers, Uniform Evidence Law (Thomson Reuters, 16th ed, 2021) |
Parties: | The Queen (Crown) QX (Accused) |
Representation: | Counsel S Jerome ( Crown) J Pappas ( Accused) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Aulich Criminal Law (Accused) | |
File Number: | SCC 58 of 2020 |
LOUKAS-KARLSSON J:
Introduction
QX (the accused) initially filed a subpoena to produce documents addressed to The Proper Officer…
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- AGLC
- R v QX (No 3) [2021] ACTSC 245
- Case
- [2021] ACTSC 245
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CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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