RS v Commissioner of Police (NSW) [2026] NSWCCA 128

RS v Commissioner of Police (NSW) [2026] NSWCCA 128 concerned a subpoena for material relating to alleged sexual offending by the applicant’s son, RJ. RS faced Commonwealth charges over child abuse material found on his phone and proposed that RJ, who allegedly had access to it, may have been responsible. The key issue was whether the subpoenaed material had a legitimate forensic purpose. The Court held that the primary judge mischaracterised RS’s proposed defence, overlooked relevant similarities and failed to give proper significance to earlier prosecutorial disclosure. Leave to appeal was granted, the appeal allowed, the Commissioner’s motion dismissed and production ordered.