R v Warwick (No.17) [2018] NSWSC 653

Supreme Court New South Wales

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Director of Public Prosecutions (Crown) A R Conolly & Co (Accused) File Number(s): 2015/222068 Publication restriction: Not to be published until further order of the Court.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.