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R v Warner

R v Warner

Case [2020] SADC 62

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AGLC: R v Warner [2020] SADC 62
Case: [2020] SADC 62
Decision Date: 22 May 2020

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Citations

R v Warner [2020] SADC 62

Most Recent Citation

R v Keher No. DCCRM-98-2 Judgment No. D3778 [1998] SADC 3972

Cases Citing This Decision

R v Russell [2022] NSWCCA 294
Citation 1 (Para 62)

…This conclusion accorded with that of R v Warner (1991) 25 NSWLR 382 ( “Warner” ) – albeit Warner was not cited in Manok. Warner involved a boat navigated in a manner dangerous because it was grossly overloaded and therefore unstable and particularly susceptible to overturning. In the course of his analysis, Carruther…
Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29
Citation 2 (Para 2)

…siderations relevant to that question. [39] Coleman v Power (2004) 220 CLR 1 at 44 [79]; [2004] HCA 39. [40](2005) 226 CLR 1 at 11 [13]. [41]See also R v Warner (1661) 1 Keb 66 at 67 [83 ER 814 at 815]; Felton v Mulligan (1971) 124 CLR 367 at 413; [1971] HCA 39; National Enterprises Ltd v Racal Communications Ltd [1…
Kalis v New [2017] ACTSC 334
Citation 3 (Para 1)

…hings”: Potts or Riddell v Reid [1943] AC 1 at 31. This dictum has been followed since then: R v Buttsworth [1983] 1 NSWLR 658 at 677; R v Warner (1991) 25 NSWLR 383 at 388; Maritime Authority of New South Wales v Rofe [2012] NSWSC 5; 84 NSWLR 51 at 73; [68]-[69].…
Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368
Citation 4

…45 NSWLR 209 R v Khazaal [2012] HCA 26; (2012) 86 ALJR 884 R v Orcher [1999] NSWCCA 356; (1999) 48 NSWLR 273 R v Reynolds [2010] NSWSC 691 R v Warner (1991) 25 NSWLR 382 RAA-GIO Insurance Ltd v O'Halloran [2007] HCATrans 688 RAA-GIO Insurance Ltd v O'Halloran; Australian Kitchen Industries Pty Ltd v O'Halloran [2007]…
R v Keher No. DCCRM-98-2 Judgment No. D3778 [1998] SADC 3972
Citation 5

…ew because it was tainted by the first part of the Record of Interview which was excluded. He relied upon the decision in The Queen v Warner (1988) 49 SASR 125 at 127 to support his submission. He submitted that the scissors and paste method of putting in some evidence could not be applied here. He submitted that what the a…

Cases Cited

Statutory Material Cited

R v Keyte [2022] NZHC 1063
Citation 1 (Para 7)

…as to any requirement regarding the contents of the reasons for verdicts, such requirements are established in a number of authorities; see R v Keyte (2000) 78 SASR 68, Douglass v The Queen (2012) 86 ALJR; and AK v Western Australian (2008) 232 CLR 438 per Hayden J. [1] R v Gardi [2015] SASC 186.…
R v Blundell [2019] SASCFC 84
Citation 2 (Para 9)

…of that evidence in the circumstances of this particular case: Domican v The Queen (1992) 173 CLR 555; R v Turnbull [1977] QB 224. In R v Blundell [2019] SASCFC 84, Peek J, with whom Kourakis CJ and Hughes J agreed, said that s 34AB(4) of the Evidence Act 1929 makes plain that the directions referred to in Domican…
R v Smith [2017] SASCFC 153
Citation 3 (Para 9)

…34AB(4) of the Evidence Act 1929 makes plain that the directions referred to in Domican must be given. That was also the view taken by Stanley J in R v Smith (2017) 129 SASR 237.…
Douglass v The Queen [2012] HCA 34
Citation 4 (Para 7)

…nt regarding the contents of the reasons for verdicts, such requirements are established in a number of authorities; see R v Keyte (2000) 78 SASR 68, Douglass v The Queen (2012) 86 ALJR; and AK v Western Australian (2008) 232 CLR 438 per Hayden J. [1] R v Gardi [2015] SASC 186.…
R v Weetra [2010] SASCFC 52
Citation 5 (Para 9)

…eight in assessing whether the prosecution has proved its case beyond reasonable doubt.[2] [2] Azzopardi v R (2001) 205 CLR 60 at [51] and R v Weetra [2010] SASCFC 52 at [67].…
AK v Western Australia [2008] HCA 8
Citation 6 (Para 7)

…rements are established in a number of authorities; see R v Keyte (2000) 78 SASR 68, Douglass v The Queen (2012) 86 ALJR; and AK v Western Australian (2008) 232 CLR 438 per Hayden J. [1] R v Gardi [2015] SASC 186.…
The Queen v Shane Edmund Johnson [2003] ACTSC 78
Citation 7 (Para 8)

…ssible, in my view, for reasons that are well known, this in court identification is of negligible value: Alexander v R (1981) 145 CLR 395; Festa v R (2001) 208 CLR 593. The ostensible purpose in asking Mr Geytenbeek if he could see the offender in court was to give him the opportunity of reconsidering the matter or…
R v Coxon [2002] SASC 165
Citation 8 (Para 14)

…evidence that the accused was not the offender cannot be excluded beyond reasonable doubt. [36] Festa v The Queen (2001) 208 CLR 593; R v Coxon [2002] SASC 165; Domican v R (1991-1992) 173 CLR 555 Conclusion…
Festa v The Queen [2001] HCA 72
Citation 9 (Para 14)

…. The reasonable hypothesis that is open on the evidence that the accused was not the offender cannot be excluded beyond reasonable doubt. [36] Festa v The Queen (2001) 208 CLR 593; R v Coxon [2002] SASC 165; Domican v R (1991-1992) 173 CLR 555 Conclusion…
Pitkin v The Queen [1995] HCA 30
Citation 10 (Para 8)

…ent told him that a photograph of the offender may or may not be in the booklet. This is the very danger identified by the High Court in Pitkin v R (1995) 130 ALR 35, namely that: a witness who is shown photographs by investigating police will ordinarily be desirous of assisting the police and will be likely to assu…
Alexander v the Queen [1981] HCA 17
Citation 11 (Para 2)

…In Alexander v The Queen (1981) 145 CLR 395, Stephen J discussed the displacement effect: Having been shown a photograph, the memory of it may be more clearly retained than the memory of the original sighting of the offender and may, accordingly, displace the original memory.[33] [33] At 409.…
Domican v The Queen [1991] HCATrans 357
Citation 12 (Para 9)

…s the offender and the factors which may affect my consideration of that evidence in the circumstances of this particular case: Domican v The Queen (1992) 173 CLR 555; R v Turnbull [1977] QB 224. In R v Blundell [2019] SASCFC 84, Peek J, with whom Kourakis CJ and Hughes J agreed, said that s 34AB(4) of the Evidence A…

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