R v Warwick (No.22) [2018] NSWSC 696

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.22) [2018] NSWSC 696 Hearing dates: 15 May 2018 Date of orders: 14 May 2018 Decision date: 14 May 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Dismiss Orders 1 and 3 of the Notice of Motion filed 14 May 2018.

(2) Stand over Order 2 to 10am on 15 May 2018. Catchwords: CRIMINAL PROCEDURE – pre-trial Motion filed by the accused – application to defer Crown opening address until after application for permanent stay or directed verdict of acquittal heard – considerations of adverse publicity – judge alone trial – balance struck between rights of accused to a fair trial and public interest in disposition of the criminal proceedings – benefit to the accused in knowing the Crown case Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: R v Warwick (No.21) [2018] NSWSC 654 R v Warwick (No.20) [2018] NSWSC 656 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: G Christofi (Crown) A R Conolly / E Ramsay (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Director of Public Prosecutions (Crown) A R Conolly & Co (Accused) File Number(s): 2015/222068 Publication restriction: Not to be published until further order of the Court.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. This is an application by Notice of Motion filed today by the Accused for, principally, three orders. It is convenient to call this Motion the "Crown Opening Stay Motion". The first order sought is as follows: "That the Crown opening to be made on Tuesday, 15 May 2018 not be made until after the hearing of Mr Warwick's Notice of Motion dated 2 May 2018 for a directed acquittal or permanent stay." 1. The Notice of Motion then seeks to identify four events which should occur prior to the Court hearing the Notice of Motion for a directed acquittal or permanent stay ("the Permanent Stay Motion"). Those events are: 1. all material being produced under the subpoenas which have been issued by the Accused; 2. sufficient time has been given to the parties to examine and address that material; 3. the determination of any applications under s 192A of the Evidence Act 1995; and finally 4. that the Crown and the Accused have had an opportunity to provide the Court with affidavit evidence and written submissions with respect to the Permanent Stay Motion. 1. Finally, the Crown opening stay Motion seeks an alternative order, or perhaps one which supplements the first order, by seeking a direction from the Court that, in lieu of the Crown opening statement on Tuesday, 15 May 2018, the Crown provide the Court and the Accused with a draft written opening of the Crown case, as it presently stands, with leave to amend that draft opening, if appropriate, in due course.