R v Warwick (No.47) [2018] NSWSC 1325

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.47) [2018] NSWSC 1325 Hearing dates: 27 August 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: The whole of Exh 73 is admitted unconditionally, except for "the excluded parts" Catchwords: EVIDENCE – provisional relevance – certificate previously admitted provisionally – evidence relevant and not hearsay – certificate admitted unconditionally Legislation Cited: Evidence Act 1995 Cases Cited: R v Warwick (No.41) [2018] NSWSC 1287 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.2100) 1. Exhibit 73, a certificate signed by Mr Goetz, was tendered and admitted provisionally pursuant to s 57 of the Evidence Act 1995 at an earlier point in time in the trial: R v Warwick (No.41) [2018] NSWSC 1287. 2. As those reasons show, to be admitted completely, further matters of fact needed to be adduced by the Crown. 3. The Crown now tenders the whole of the Certificate unconditionally, except for the recording of the results of the Adenylate Kinase ("AK") test, namely AK-1, and the Adenosine Deaminase ("ADA") test, namely ADA-1, and the opinion expressed in the document by Mr Goetz as to the percentage of the population whose blood might be expected to replicate all of the test results ("the excluded parts").