R v Warwick (No.25) [2018] NSWSC 742

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.25) [2018] NSWSC 742 Hearing dates: 30 April 2018, 1 May 2018, 2 May 2018 Date of orders: 10 May 2018 Decision date: 10 May 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Dismiss the Notice of Motion filed by the Accused on 8 February 2018. (2) Dismiss the Notice of Motion filed by the Accused on 8 May 2018. Catchwords: CRIMINAL LAW – evidence – tendency and coincidence evidence – where evidence has significant probative value – role of trial judge – consideration of Evidence Act 1995, ss 97 and 98 – effect of Criminal Procedure Act 1986, ss 130 and 130A

CRIMINAL PROCEDURE – application by accused to sever counts on the indictment – where prior ruling refusing severance – application of Criminal Procedure Act 1986, s 130A – whether it would not be in the interests of justice for that previous ruling to be binding – where new evidence served by Crown – challenges to accuracy of one Crown case statement in evidence

CRIMINAL PROCEDURE – application by accused to call three witnesses before trial for cross-examination – tendency and coincidence evidence sought to be led by Crown – alleged insufficient probative value Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: DSJ v R; NS v R [2012] NSWCCA 9 IMM v The Queen [2016] HCA 14; (2016) 257 CLR 300 R v Warwick (No.2) [2017] NSWSC 1225 R v Warwick (No.5) [2018] NSWSC 70 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)