R v Warwick (No.34) [2018] NSWSC 1242

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.34) [2018] NSWSC 1242 Hearing dates: 8 August 2018 Date of orders: 08 August 2018 Decision date: 08 August 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Permit the Crown to lead the evidence of Detective Sergeant Harkins as set out in his statement signed 17/1/2018, except that I do not permit the Crown to lead, as part of the evidence-in-chief of Detective Sergeant Harkins, the following parts of his statement dated 17/1/2018: (a) section E comprising paragraphs 30-48 inclusive; and (b) all attachments to the statement from immediately after page 22 to the end of the report. Catchwords: EVIDENCE – opinion evidence – exceptions – expert opinion – admissibility of blood pattern analysis evidence – witness qualified in blood pattern analysis – Evidence Act 1995, s 79 – consideration of relevance and probative value of the evidence – where opinion evidence was of significant probative value and not outweighed by prejudicial effect – opinion evidence admitted

EVIDENCE – real evidence – demonstrations – visual appearance of blood quantities on horizontal surfaces – where demonstrations were not relevant due to absence of quantitative evidence tendered – demonstrations not admitted Legislation Cited: Evidence Act 1995 Cases Cited: Dasreef Pty Limited v Hawchar [2011] HCA 21; (2011) 243 CLR 588 R v Warwick (No.2) [2017] NSWSC 1225 R v Warwick (No.21) [2018] NSWSC 654 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)