R v Warwick (No.59)
[2018] NSWSC 1825
•23 November 2018
Supreme Court
New South Wales
Medium Neutral Citation: R v Warwick (No.59) [2018] NSWSC 1825 Hearing dates: 23 November 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Running sheet at page 2542 of Crown E-brief admitted and marked Exh 291.
Catchwords: EVIDENCE – relevance – police running sheet – no question of principle Legislation Cited: Evidence Act 1995 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown
Leonard John Warwick (Accused)Representation: Counsel:
Solicitors:
K McKay / G Christofi (Crown)
A R Conolly / E Ramsay (Accused)
Director of Public Prosecutions (Crown)
A R Conolly & Co (Accused)
File Number(s): 2015/222068 Publication restriction: Not Applicable
EX TEMPORE Judgment (T.5112)
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At T.5021 in cross-examination the witness, former Detective Sergeant Lyndon Russell Reid, was asked questions about a running sheet which became Exh 276. That running sheet related to a statement being obtained from Colin James Young.
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The witness was cross-examined about the contents of that statement, and in particular statements made by Mr Mark Munro who was said to be a close friend of the deceased, Stephen Blanchard, to suggest that there was a conflict in the information available to the investigators between the material provided by the family of the deceased with respect to his habits, and in particular whether he was a user of illicit drugs, and other information that had been obtained in the course of the investigation which suggested to the contrary of it.
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In particular, it was suggested to the witness that the contents of the running sheet were such that, as the principal investigating detective, he would wish to know very much more about Mr Munro. The witness agreed that as a part of the investigation, there were people who would have had to be interviewed after the running sheet was submitted.
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The document which was tendered in the course of re-examination consists of a single page running sheet dated 29 February 1980, which was compiled by Detective Sergeant Reid. It records an account of interviews conducted with Mr Mark Munro, amongst others, with respect to his knowledge of, and interactions with, the deceased and, in particular, Mr Munro’s knowledge of the activities of the deceased with respect to the use of illicit drugs.
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In my view, the document proposed to be tendered addresses questions raised in cross-examination on a topic which was no part of the Crown case in chief. The contents of the proposed exhibit are relevant to the extent of the inquiries undertaken, and the extent to which any inconsistencies in the information obtained by investigating police remained after the interview with Mr Munro.
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The document relates directly to the issue of the adequacy of police investigations, a matter which was raised for the first time in cross‑examination. It is therefore admissible. It will be admitted and marked Exh 291.
Orders
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I make the following orders:
Running sheet at page 2542 of Crown E-brief admitted and marked Exh 291.
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Decision last updated: 29 November 2018
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