R v Warwick (No.58) [2018] NSWSC 2016

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.58) [2018] NSWSC 2016 Hearing dates: 20 November 2018 Date of orders: 20 November 2018 Decision date: 20 November 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Specified material in the statement of Mr Lyndon Reid of 28 June 1982, will be admitted subject to limitation on its use pursuant to s 136 of the Evidence Act 1995, namely that it is not evidence of the truth of the contents of it. Catchwords: EVIDENCE – witness evidence – refreshing memory in court – application by Crown for police officer to refresh memory from statement prepared two years after the crime for a coronial inquest – statement is admissible – witness entitled to refresh his memory from the statement – limitation on use Evidence Act 1995, s 136 imposed Legislation Cited: Evidence Act 1995 Cases Cited: Dodds v R [2009] NSWCCA 78 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.4986)

Nature of Application 1. The Crown seeks leave pursuant to s 33 of the Evidence Act 1995 for the present witness, Mr Lyndon Russell Reid, to give evidence-in-chief by reading or being led through a written statement which he made on 28 June 1982.