R v Warwick (No.14)

[2018] NSWSC 635

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Warwick (No.14) [2018] NSWSC 635
Hearing dates:	1 May 2018
Date of orders:	01 May 2018
Decision date:	01 May 2018
Jurisdiction:	Common Law - Criminal
Before:	Garling J
Decision:	(1)   Grant leave to the Crown to serve on the accused, as evidence in the Crown case, nine aerial maps as follows: (a)   Aerial photograph of 12 Kira Avenue, Northmead (1984 image); (b)   Aerial photograph of Casula area showing Kingdom Hall and 25 Tallowwood Avenue (1982 image); (c)   Aerial photograph of Casula area showing Kingdom Hall and 25 Tallowwood Avenue (1984 image); (d)   Aerial photograph of Casula area showing Kingdom Hall and 25 Tallowwood Avenue (1982 image), (wider area depicted than the two aerial images previously referred to); (e)   Aerial photograph of Parramatta Family Court at 36 Charles Street, Parramatta and surrounding streets (1984 image); (f)   Aerial photograph of 175 Greenwich Road, Greenwich (1983 image); (g)   Aerial image of Revesby showing 30 Eastern Avenue, Revesby (1979 image); (h)   Aerial image of Woollahra showing 130 Edgecliff Road and Icasia Lane (1979 image); (i)   Aerial photograph of 42 Neridah Avenue, Belrose (1983 image). (2)   Direct that any request for further information with respect to these aerial photographs by the accused be served by 4pm Thursday, 3 May 2018. (3)   Direct that the Crown respond to any such request by 4pm Thursday, 10 May 2018. (4)   The Motion is otherwise dismissed.
Catchwords:	CRIMINAL PROCEDURE – leave sought by Crown to file and serve on accused aerial photographs of various locations where offences took place – no question of principle – leave granted
Legislation Cited:	Not Applicable
Cases Cited:	Not Applicable
Texts Cited:	Not Applicable
Category:	Procedural and other rulings
Parties:	The Crown Leonard John Warwick (Accused)
Representation:	Counsel: K McKay / G Christofi (Crown) R Conolly (Accused)   Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co (Accused)
File Number(s):	2015/222068
Publication restriction:	Not to be published until further order of the Court. Non publication order lifted on 14 February 2020.

EX TEMPORE Judgment

1. On 27 April 2018, the Crown filed a Notice of Motion seeking orders that it be granted leave to serve on the defence, as evidence in the Crown case, nine aerial maps which were then described.

2. The maps are of various addresses relevant to the events which are the subject of the Crown's case and the counts on the Indictment.

3. The aerial maps or photographs are obviously relatively recent reproductions of what are said to be earlier images taken variously between 1979 and 1984. It seems to me, and as one would typically expect in cases of this kind, that a jury may be given aerial photographs which would assist them to understand the places at which the events took place, their general location and the general layout of the immediate area.

4. I do not think that granting the Crown leave to serve the maps at this stage, which is after the cut-off date for the service of the Crown Brief, causes any prejudice to the accused. On the contrary, it seems to me that these nine aerial photographs will be likely to assist in the efficient unfolding of the Crown case and would be equally of benefit to both the Crown and the accused in the course of the trial.

5. The accused's solicitor raises by way of objection to the order sought, a question as to provision by the Crown of the underlying source material for these aerial photographs. I am not being asked by this Motion to consider the admissibility of the photographs, but obviously the underlying material and information may be a relevant consideration if the admissibility of the photographs is objected to. If objected to, the Crown would need to prove the relevant facts and circumstances underlying these photographs in any event.

6. It seems to me that the aerial photographs are likely to assist both parties, and do not cause any prejudice to the accused. The appropriate course to follow is accordingly to make the orders sought in the Notice of Motion but to add directions with respect to the request by the accused for any further information with respect to the aerial photographs and the date for a response by the Crown.

Orders

7. Accordingly, I will make the following orders:

1. Grant leave to the Crown to serve on the accused, as evidence in the Crown case, nine aerial maps as follows:

1. Aerial photograph of 12 Kira Avenue, Northmead (1984 image);

2. Aerial photograph of Casula area showing Kingdom Hall and 25 Tallowwood Avenue (1982 image);

3. Aerial photograph of Casula area showing Kingdom Hall and 25 Tallowwood Avenue (1984 image);

4. Aerial photograph of Casula area showing Kingdom Hall and 25 Tallowwood Avenue (1982 image), (wider area depicted than the two aerial images previously referred to);

5. Aerial photograph of Parramatta Family Court at 36 Charles Street, Parramatta and surrounding streets (1984 image);

6. Aerial photograph of 175 Greenwich Road, Greenwich (1983 image);

7. Aerial image of Revesby showing 30 Eastern Avenue, Revesby (1979 image);

8. Aerial image of Woollahra showing 130 Edgecliff Road and Icasia Lane (1979 image);

9. Aerial photograph of 42 Neridah Avenue, Belrose (1983 image).

2. Direct that any request for further information with respect to these aerial photographs by the accused be served by 4pm Thursday, 3 May 2018.

3. Direct that the Crown respond to any such request by 4pm Thursday, 10 May 2018.

4. The Motion is otherwise dismissed.

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Amendments

18 February 2020 - Non publication order lifted on 14 February 2020.

Decision last updated: 18 February 2020