R v Warwick (No.38) [2018] NSWSC 1285

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.38) [2018] NSWSC 1285 Hearing dates: 15 August 2018 Date of orders: 15 August 2018 Decision date: 15 August 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Pursuant to s 66 of the Evidence Act 1995, the document is admitted and marked as Exhibit 66. Catchwords: EVIDENCE – hearsay – criminal proceedings – exceptions – maker available – evidence fresh in witness' memory Legislation Cited: Evidence Act 1995 Cases Cited: Not Applicable 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)

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co (Accused) File Number(s): 2015/222068 Publication restriction: Not Applicable

EX TEMPORE Judgment (T.1705) 1. The Crown has tendered a document which consists of a running sheet dated in August 1985, which the present witness, former Detective Sergeant Sheather, gave evidence that he wrote. Objection is taken by the Accused to its admission into evidence.

The Proposed Exhibit 1. The running sheet records three events: the first is that the detonator found in the vehicle concerned with Event 6 on 10 February 1985 had been "functioned". I understand this to be equivalent to "exploded". The second fact which is recorded is that on 12 August 1985, the detonator and its remains were conveyed to the Material Research Laboratories in Melbourne ("the MRL"). The third fact which is recorded is that on 13 August 1985, advice was received by Mr Sheather from Mr Robert Barnes from the MRL describing the detonator, its type and its relationship to the detonator used in Event 7, namely the Kingdom Hall bombing on 21 July 1985.