R v Warwick (No.60) [2018] NSWSC 1875

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.60) [2018] NSWSC 1875 Hearing dates: 05 December 2018 Date of orders: 05 December 2018 Decision date: 05 December 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) The bundle of documents formerly MFI C-L are admissible and ought be admitted and marked Exh 313.

(2) Order pursuant to s 136 of the Evidence Act 1995 that the exhibit be subject to a limitation on use, namely, that the contents of the documents are not evidence of the truth of the representations contained in them but are evidence of nature and extent of the inquiries made by the NSW Police. Catchwords: EVIDENCE – relevance – bundle of police running sheets – non-hearsay purpose – relevant for purpose other than as opinion evidence – not excluded pursuant to ss 135 or 137 of the Evidence Act 1995 – evidence admitted subject to a limitation on use 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.5510)

The Proposed Exhibit 1. In the course of the evidence of Mr Robert Myers, a retired New South Wales Police officer, he was shown and identified a bundle of running sheets relating to various inquiries made by the Homicide Squad, of which he was the officer in charge, following the explosion of a bomb at the Kingdom Hall of the Jehovah's Witness Church at Casula on 21 July 1985. The bundle of running sheets were marked MFI C-L.