R v Warwick (No.55) [2018] NSWSC 2011

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.55) [2018] NSWSC 2011 Hearing dates: 2 November 2018 Date of orders: 02 November 2018 Decision date: 02 November 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Accede to the application of Crown that the limitation imposed on the use of Exh 171 and Exh 172 pursuant to s 136 of the Evidence Act 1995 be removed.

(2) Exh 171 and Exh 172 are now admitted unconditionally. Catchwords: EVIDENCE – discretions – application to remove limit on use of evidence previously imposed pursuant to Evidence Act 1995, s 136 – evidence in two exhibits relating to DNA laboratory processes and results – where evidence of various scientists established that the necessary scientific processes recorded in the exhibits had been followed – where court was not satisfied that there was any unfair prejudice to the Accused – where evidence was of high probative value – limit on use removed – evidence not excluded pursuant to Evidence Act, s 137 Legislation Cited: Evidence Act 1995 Cases Cited: R v Warwick (No.49) [2018] NSWSC 1557 Texts Cited: Expert Witness Code of Conduct 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