The test for production of documents under subpoena in NSW criminal proceedings remains the two-step test from R v Saleam [1999]: the applicant must identify a legitimate forensic purpose and establish it is 'on the cards' that the documents will materially assist the case. Mere relevance is insufficient, and the approach in Roads & Traffic Authority of NSW v Conolly should not be followed. The Attorney General has an unqualified right of appeal under s 5F(2) of the Criminal Appeal Act 1912 without needing to establish any interest in the proceedings.
The full text is available to signed-in members, including the 125 later cases that cite this judgment.
12 of the 125 citing cases carry a classified treatment. How each court treated it is available to signed-in members.