R v Warwick (No.3) [2017] NSWSC 1836

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.3) [2017] NSWSC 1836 Hearing dates: 23 August 2017 Date of orders: 23 August 2017 Decision date: 23 August 2017 Jurisdiction: Common Law Before: Garling J Decision: See [4], [5], [7], [8], [11], [13] Catchwords: Evidence – rulings – no question of principle 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Director of Public Prosecutions (Crown) Havas & Dib (Accused) File Number(s): 2015/222068 Publication restriction: Not to be published until after return of verdict by Jury or further order of the Court.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 1. This judgment contains the following ex tempore rulings made on 23 August 2017:

With respect to the reports of Ms Edmonds: 1. In my view both reports prepared by Mrs Edmonds, that is to say the Family Report of 16 November 1979, and the Family Report of 17 April 1980, are admissible in their entirety for the purposes outlined in Exhibit PT13, paragraph 7. 2. Once admitted on that basis there is no reason to restrict the use to which the contents of the reports may be put. 3. I am not satisfied that the admission of these documents provides any unfair prejudice to the accused. In part that is because in the Family Court proceedings it was, as I understand the procedure at the time, open to the accused to put facts before the court by affidavit contesting any version of fact contained in the Family Report.