Attorney General (NSW) v Lipton [2012] NSWCCA 156 (20 July 2012)

APPEAL – criminal – appeal against interlocutory judgment or order – ruling with respect to admissibility of evidence not a judgment or order – whether ruling on objection to production of documents in answer to subpoena is amenable to appeal – Criminal Appeal Act 1912 (NSW), s 5F; Evidence Act 1995 (NSW), s 131A

EVIDENCE – public interest immunity – whether party called to produce material not the party asserting public interest immunity – discussion of State of New South Wales v Public Transport Ticketing Corporation [2011] NSWCA 60; Derbas v R [2012] NSWCCA 14 – Evidence Act 1995 (NSW), ss 130 and 131A

EVIDENCE – public interest immunity – offender sought material relating to conduct of suspected informer for use at sentencing hearing – whether public interest immunity capable of being overcome for the purposes of sentencing – whether appellate court is in a position to perform requisite balancing exercise – whether offender demonstrated a real and not hypothetical issue with respect to sentence – Evidence Act 1995 (NSW), s 130

Evidence Act 1995 (NSW), ss 130, 131A