R v Warwick (No.19) [2018] NSWSC 655

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.19) [2018] NSWSC 655 Hearing dates: 9 May 2018 Date of orders: 09 May 2018 Decision date: 09 May 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Decline to make Order 7 or any alternative recommendation to the same effect as set out in the Further Amended Notice of Motion. (2) Make a recommendation to the Governor of Metropolitan Reception and Remand Centre that he ought to seriously consider permitting Ms Charmaine Warwick to attend legal visits in the company of a member of A R Conolly & Co, being Mr Alan Conolly or Ms Elizabeth Ramsay who are the principals of the firm. (3) Otherwise dismiss the Further Amended Notice of Motion filed 8 May 2018. (4) In respect of the Further Amended Notice of Motion filed 8 May 2018, I order each party pay their own costs. Catchwords: CRIMINAL PROCEDURE – application in relation to custodial conditions of accused before trial – agreement reached with Commissioner for Corrective Services as to a number of orders sought – transfer of accused to previous correctional centre – improper to make order permitting solicitors for the accused to have mobile phone access with internet capacity during legal visits – contrary to policy – clear security risk – strong recommendation made that daughter of the accused be able to attend legal visits in company of solicitors for the accused 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: E Poole (Crown) A R Conolly (Accused) J S Emmett (Commissioner for Corrective Services)