R v Warwick (No.49) [2018] NSWSC 1557

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.49) [2018] NSWSC 1557 Hearing dates: 19 September 2018 Date of orders: 19 September 2018 Decision date: 19 September 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) The documents formerly marked MFI SSSS will be admitted and marked Exh 171.

(2) The document entitled "DNA Submission Sheet" will, pursuant to s 136 of the Evidence Act 1995 be subject to a limitation on use, namely that the contents of the document are not admitted as being true. Catchwords: EVIDENCE — opinion evidence — exceptions — expert opinion — reports of forensic biologist — opinions on DNA recovered from two items at crime scene

EVIDENCE — documentary evidence — proof of contents of documents — copies of reports

EVIDENCE — discretions — limitation of use of evidence 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.3012) 1. The Crown initially sought to tender three expert reports of Dr David Bruce, a forensic biologist from the New South Wales Forensic and Analytical Science Service ("FASS") of New South Wales Health Pathology which are dated 6 December 2013 ("the 2013 Report"), 12 August 2015 ("the 2015 Report") and 31 January 2018 ("the 2018 Report"). The reports refer to, and express opinions about, whether DNA was extracted from two items recovered from the scene of the Kingdom Hall bombing at Casula on 21 July 1985, being a piece of cardboard and a piece of carpet.