R v Warwick (No.17)

Case •

[2018] NSWSC 653

•

02 May 2018

No judgment structure available for this case.

Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Warwick (No.17) [2018] NSWSC 653
Hearing dates: 2 May 2018
Date of orders: 02 May 2018
Decision date: 02 May 2018
Jurisdiction:Common Law - Criminal
Before: Garling J
Decision:

(1) Application by the Crown to rely upon summaries under s 50 of the Evidence Act 1995 is dismissed.

Catchwords: CRIMINAL PROCEDURE – Summaries of evidence – not to be tendered at this stage – No point of principle.
Legislation Cited: Evidence Act 1995 (NSW)
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)
A 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Publication restriction: Not to be published until further order of the Court.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. The application by the Crown under s 50 of the Evidence Act 1995 (NSW) as it is presently formulated by reference to the letter dated 13 October 2017 from the Office of the Director of Public Prosecutions to the accused's solicitors and as further particularised in the letter dated 27 March 2018 from the Office of the Director of Public Prosecutions dated 27 March 2018 can be dismissed.

  2. It is apparent that, at this stage of the pre-trial hearing, the Crown does not presently propose to tender the summaries in their current form. However, if may choose to tender them at some future point in the trial, or else to seek leave of the Court to rely upon parts of the summaries as an aide-memoir of the tendered evidence.

  3. However, it is open to the Crown to make any further application it wishes to tender summaries pursuant to s 50 of the Evidence Act in the course of the trial.

Orders

  1. I make the following order:

  1. Application by the Crown to rely upon summaries under s 50 of the Evidence Act 1995 is dismissed.

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Amendments

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

Decision last updated: 18 February 2020

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Cases Citing This Decision

1

R v Warwick (No.93) [2020] NSWSC 926
Cases Cited

0

Statutory Material Cited

1