R v Warwick (No.56) [2018] NSWSC 2015

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.56) [2018] NSWSC 2015 Hearing dates: 5 November 2018 Date of orders: 05 November 2018 Decision date: 05 November 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Admit the evidence of Dr Brouwer Catchwords: EVIDENCE — opinion evidence — exceptions — expert opinion — report of forensic pathologist — opinions on healing rates of wounds and blood loss through injuries – evidence admissible Legislation Cited: Evidence Act 1995 Cases Cited: Clark v Ryan [1960] HCA 42; (1960) 103 CLR 486 Honeysett v The Queen [2014] HCA 29; (2014) 253 CLR 122 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.4497)

The Proposed Evidence 1. Dr Issabella (Isabel) Brouwer has been called to give evidence of an expert opinion upon the topic of the rate at which a wound, or wounds suffered by a human being may heal in circumstances where she is asked to assume any such wound was suffered by a person coming into contact with broken glass. She provides that expert opinion in a document entitled "Expert's Certificate" (the "Certificate") and which is dated 5 February 2018, and which the Crown wishes to tender, or else obtain from her orally. 2. To enable her to formulate that opinion, Dr Brouwer was asked a number of questions. The first two questions related to wound healing, the next two related to the way in which parts of the body may bleed and what an individual can do to stop bleeding, and the last two related to whether she can give an opinion based on particular witness statements as to the volume of blood and the relationship between injuries and blood found at the scene. In respect of the last two questions, it is apparent from the Certificate that Dr Brouwer does not express any opinion in answer to them.