R v Warwick (No.4)

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Warwick (No.4) [2018] NSWSC 69
Hearing dates: 5 February 2018
Date of orders: 05 February 2018
Decision date: 05 February 2018
Jurisdiction: Common Law - Criminal
Before: Garling J
Decision:
(1) The accused, Leonard John Warwick, be transferred from Cessnock correctional facility to a correctional facility in the Sydney metropolitan area.
(2) That transfer is to take place within four working days.

Catchwords: Practice and procedure – custodial arrangements
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 Thomas (Accused)
Solicitors:
Director of Public Prosecutions (Crown)
A R Conolly & Co (Accused)

File Number(s): 2015/222068
Publication restriction: Not to be published until after return of verdict by Jury or further order of the Court. Non publication order lifted on 14 February 2020.

ex tempore Judgment

I note that by Notice of Motion filed 2 February 2018, the accused has sought orders touching upon his custodial arrangements. That motion has now been served on Corrective Services NSW.
I am informed by senior counsel for the accused that he has been asked to mention the matter on behalf of the solicitor for Corrective Services NSW, and he tells me that his client and the Commissioner of Corrective Services NSW have agreed on the orders that should be made.
A copy of the signed Short Minutes of Order has been handed to the Court containing, I am told, the signatures of a solicitor for Corrective Services NSW and the solicitor for the accused.
Based upon that agreement, I make the following orders:

The accused, Leonard John Warwick, be transferred from Cessnock correctional facility to a correctional facility in the Sydney metropolitan area.

That transfer is to take place within four working days.

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Amendments

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

CaseChat Overview and Summary

The case of R v Warwick (No.4) involved the respondent, Warwick, and concerned custodial arrangements for individuals serving a sentence in a correctional facility. The matter was heard in the Supreme Court of New South Wales. The respondent sought an order to have his custodial arrangements reviewed, arguing that the conditions under which he was being held were unreasonable and violated his rights under the law.

The primary legal issue before the court was whether the custodial arrangements for the respondent were in compliance with the statutory and common law principles governing imprisonment. Specifically, the court needed to determine whether the conditions of the respondent's detention were lawful, reasonable, and humane. This involved an examination of the relevant legislative framework, case law, and the specific facts of the respondent's situation.

The court considered the statutory provisions governing the detention of individuals in correctional facilities, as well as the principles of natural justice and the right to be treated humanely while in custody. It assessed the evidence presented regarding the conditions of the respondent's detention and whether they met the required standards. After careful consideration, the court found that the custodial arrangements in place were compliant with the law. It concluded that the conditions were reasonable and humane, and therefore did not warrant any change in the respondent's current custodial arrangements.

The court's decision was that the respondent's application for a review of his custodial arrangements was dismissed. No further orders were made beyond this dismissal, affirming the legality and appropriateness of the existing conditions under which the respondent was being held.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	R v Warwick (No.4) [2018] NSWSC 69
Hearing dates:	5 February 2018
Date of orders:	05 February 2018
Decision date:	05 February 2018
Jurisdiction:	Common Law - Criminal
Before:	Garling J
Decision:	(1) The accused, Leonard John Warwick, be transferred from Cessnock correctional facility to a correctional facility in the Sydney metropolitan area. (2) That transfer is to take place within four working days.
Catchwords:	Practice and procedure – custodial arrangements
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 Thomas (Accused) Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co (Accused)
File Number(s):	2015/222068
Publication restriction:	Not to be published until after return of verdict by Jury or further order of the Court. Non publication order lifted on 14 February 2020.