R v Warwick (No.42) [2018] NSWSC 1292

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.42) [2018] NSWSC 1292 Hearing dates: 17 August 2018 Date of orders: 17 August 2018 Decision date: 17 August 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Photographs and the original item the subject of the photographs are admitted and marked as Exh 74. Catchwords: EVIDENCE – admissibility of photographs and cardboard from crime scene – no question of principle Legislation Cited: Not Applicable 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.1783) 1. The Crown tenders two photographs, which are presently MFI KK, each of which show a piece of cardboard which, on the Crown case, was recovered from a location identified to Mr Jesse Sheather, formerly a Detective Sergeant in the NSW Police, by Mr Phillip Clapp at the Kingdom Hall at Casula shortly after the bombing on 21 July 1985. 2. As well, the Crown tenders the piece of cardboard which is the subject of those photographs. 3. The Accused objects to the admission into evidence of the photograph and the piece of cardboard. He submits that as Mr Sheather has no specific memory, he is unable to say that the cardboard was in fact the item which he collected at the Kingdom Hall. Further, it is submitted that there was no observable similarity between the items and Mr Sheather's description of what had been collected. Relevance was not put in issue.