R v Warwick (No.30) [2018] NSWSC 1051

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.30) [2018] NSWSC 1051 Hearing dates: 3 July 2018, 4 July 2018, 5 July 2018, 6 July 2018 Date of orders: 06 July 2018 Decision date: 12 July 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) The Amended Notice of Motion filed in Court on 3 July 2018 by the Accused, which has been referred to as the 'June Adjournment Application', is dismissed. (2) In light of the time occupied this week for the hearing of the unsuccessful June Adjournment motion, I direct that the hearing of evidence in the trial is to commence at 10am on Monday 16 July 2018. Catchwords: CRIMINAL PROCEDURE – third application by accused for further adjournment of criminal trial – accused charged with a number of serious historical offences – allegations of inadequate disclosure by the Crown and police – where voluminous material had been produced by parties subpoenaed by the accused – delay in defence obtaining expert witnesses – where order of Crown witnesses had been amended after discussions with lawyers for the accused – not satisfied that an adjournment would be in the interests of justice to adjourn application – application dismissed Legislation Cited: Bail Act 2013 Criminal Procedure Act 1986 Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 Director of Public Prosecutions Act 1986 Cases Cited: Cornwell v The Queen [2010] NSWCCA 59 Dietrich v The Queen [1992] HCA 57; (1992) 177 CLR 292 Gould v Director of Public Prosecutions (Cth) [2018] NSWCCA 109 Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559 R v Keane [1994] 1 WLR 746; [1994] 2 All ER 478 R v Lipton [2011] NSWCCA 247; (2012) 82 NSWLR 123 R v MM [2004] NSWCCA 81; (2004) 145 A Crim R 148 R v Reardon [2004] NSWCCA 197; (2004) 60 NSWLR 454 R v Warwick (No.2) [2017] NSWSC 1225 R v Warwick (No.3) [2017] NSWSC 1836 R v Warwick (No.5) [2018] NSWSC 70 R v Warwick (No.8) [2018] NSWSC 354 R v Warwick (No.16) [2018] NSWSC 733 R v Warwick (No.20) [2018] NSWSC 656 R v Warwick (No.21) [2018] NSWSC 654 R v Warwick (No.24) [2018] NSWSC 691 R v Warwick (No.28) [2018] NSWSC 812 R v Warwick (No.29) [2018] NSWSC 901 The Queen v Edwards [2009] HCA 20; (2009) 255 ALR 399 Whitehorn v The Queen [1983] HCA 42; (1983) 152 CLR 657 Texts Cited: Second Reading Speech (New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 6 December 2000 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)