R v Warwick (No.33) [2018] NSWSC 1219

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.33) [2018] NSWSC 1219 Hearing dates: 16 July 2018 Date of orders: 16 July 2018 Decision date: 09 August 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Copy of Family Court file admitted.

(2) Evidence of Justice Garry Watts permitted to be led. Catchwords: EVIDENCE – criminal proceedings – opinion evidence – where witness is a Family Court judge with extensive prior experience as a solicitor – where witness was personally involved in Family Court proceedings relevant to the present criminal proceedings – where witness had not adopted the Expert Witness Code of Conduct in UCPR Schedule 7 – witness otherwise qualified by his training, study and experience to provide an opinion on the conduct of family law proceedings – opinion evidence admissible under Evidence Act, s 79

EVIDENCE – hearsay – whether file from previous Family Court proceedings should be admitted – where Crown case on alleged motive is linked to Family Court proceedings – business records exception – Evidence Act 1995, s 69 – evidence also relevant for a non-hearsay purpose – Evidence Act 1995, s 60 – file admitted as evidence – order made limiting use to non-hearsay use – Evidence Act 1995, s 136

EVIDENCE – whether evidence of various Family Court judgments should be excluded – Evidence Act 1995, s 91 – where judgments are relevant for another purpose Legislation Cited: Evidence Act 1995 Family Law Act 1975 Supreme Court Act 1970 Supreme Court Rules 1970 Uniform Civil Procedure (Amendment No 82) Rule 2016 Uniform Civil Procedure Rules 2005 Cases Cited: Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Ltd (No.4) [2008] FCA 1038; (2008) 170 FCR 9 Averkin v Insurance Australia Ltd [2016] NSWCA 122; (2016) 92 NSWLR 68 Chen v R [2018] NSWCCA 106 Dasreef Pty Limited v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Lewis v Nortex Pty Ltd (in liq) [2002] NSWSC 1083 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Peter Hillig in his capacity as liquidator of ACN 092 745 330 Pty Ltd (in Liquidation) & Anor v Battaglia & Ors [2018] NSWCA 67 R v Adams (No 5) [2016] NSWSC 1563 R v Warwick (No.24) [2018] NSWSC 691 Vitali v Stachnik [2001] NSWSC 303 Wood v The Queen [2012] NSWCCA 21; (2012) 84 NSWLR 581 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)