R v Warwick (No.43) [2018] NSWSC 1293

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.43) [2018] NSWSC 1293 Hearing dates: 17 August 2018 Date of orders: 17 August 2018 Decision date: 17 August 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: The paper evidence bag is admitted and marked as Exh 75. Catchwords: EVIDENCE – admissibility of paper evidence bag – 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.1785) 1. The Crown tenders the original paper bag into which cardboard was placed at the scene of the Kingdom Hall bombing. 2. The Accused objects to the tender of the proposed exhibit.

Proposed Exhibit 1. The current witness, Mr Jesse Sheather, has identified the item tendered as the original paper bag used at the scene of the Kingdom Hall. The witness has identified that the bag bears his writing and has given evidence that this bag was used to convey the cardboard that he recovered from the Kingdom Hall at Casula on 22 July 1985, the day after the bombing on 21 July 1985. 2. The words written on the bag are "Blood stain cardboard from s/east corner". They are in Mr Sheather's handwriting. These words are consistent with his evidence about the purpose for which the bag was used.