R v Warwick (No.57) [2018] NSWSC 2018

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.57) [2018] NSWSC 2018 Hearing dates: 16 November 2018 Date of orders: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) The document MFI OOOO is admitted and marked Exh 264.

(2) There will be no limitation on use pursuant to s 136 of the Evidence Act 1995. Catchwords: EVIDENCE – admissibility of police running sheet recording details of the seizure of evidence from accused's home – relevant and admissible – no limitation on use to be imposed – no point of principle 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.4925)

The Proposed Exhibit 1. The Crown tenders a running sheet dated 30 July 1985 of which the present witness, retired Detective Kevin Woods, is an author. It was previously marked MFI OOOO and as an exhibit on the voir dire as VD2. 2. The running sheet records, as a contemporaneous note, the discovery and seizure by the Police of three pages of handwritten notes. Those notes were seized by the Police from the Accused's house at 25 Tallowood Ave, Casula on 30 July 1985. 3. The evidence with respect to the discovery and seizure of those notes was given by retired Detective Senior Constable Malcolm Matthews. At T.2835, Mr Matthews described finding them and the contents of them. He said he showed the notes to Mr Woods and then took them back to Liverpool Police Station where he gave them to Mr Woods. 4. Mr Matthews identified a single page photocopy of those three pages as being a copy of those pages that he had seized. That single page copy has been admitted as Exh 167.