R v Warwick (No.13) [2018] NSWSC 699

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.13) [2018] NSWSC 699 Hearing dates: 30 April 2018 Date of orders: 18 May 2018 Decision date: 18 May 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Admit the evidence of Mr Silvano Mariti which comprises records of interview which occurred on the following dates: 25 June 1980; two on 12 March 1984; 26 May 1984; 5 June 1984; 31 July 1984 and 21 December 1984. (2) Admit pursuant to s 65(3) of the Evidence Act 1995, the evidence that Mr Mariti gave at the Coronial Inquest on 13 and 15 August 1985. (3) Admit the record of interview dated 21 August 1984 of Mr Michael Shaoukat Abroo. (4) Admit, pursuant to s 65(3) of the Evidence Act 1995, the evidence Mr Abroo gave at the Coronial Inquest on 12 February 1987. Catchwords: EVIDENCE – admissibility – Evidence Act 1995 s 65 – evidence of representations made by two witnesses who are unavailable – witnesses deceased – representations contained in transcripts of coronial inquests and police interviews – where admissibility opposed by the accused – where accused submitted that outstanding subpoenas may affect the evidentiary position – where accused may make his own application to admit any further material – evidence admitted Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Evidence Regulations 1995 Justices Act (Transcripts) Regulations 1976 Cases Cited: Puchalski v R [2007] NSWCCA 220 R v Droudis (No. 7) [2016] NSWSC 1274 R v Li [2003] NSWCCA 386; (2003) 140 A Crim R 288 R v Stackelroth (1996) 86 A Crim R 438 Sio v The Queen [2016] HCA 32; (2016) 259 CLR 47 Walton v The Queen [1989] HCA 9; (1989) 166 CLR 283 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 / E Ramsay (Accused)