The balancing exercise under s 130 of the Evidence Act 1995 (NSW) for public interest immunity claims involving informer identity is not constrained by any common law rule limiting disclosure solely to cases where it is necessary to prevent wrongful conviction; the statutory test applies in sentencing proceedings. However, an offender seeking disclosure of informer material for sentencing purposes must demonstrate that the material is relevant to a real and not hypothetical sentencing issue, such as a specific enticement that affected conduct, supported by evidence rather than mere submissions. Where the person required to produce documents under subpoena is the same entity as the person claiming public interest immunity, s 131A is engaged and the court must apply s 130.
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