R v Warwick (No.65) [2019] NSWSC 248

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.65) [2019] NSWSC 248 Hearing dates: 4 October 2018, 5 October 2018 Date of orders: 15 March 2019 Decision date: 15 March 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: MFI A-D will be admitted and marked Exh 357 Catchwords: EVIDENCE – admissibility of expert evidence regarding handwriting comparison – whether the expert relied upon a flawed methodology in arriving at conclusions – whether the expert weighed up both similarities and dissimilarities in the handwriting - whether the expert had a duty to disclose the documents which had been relied upon - whether the evidence was unfairly prejudicial to the accused – whether the expert has failed to comply with a subparagraph of the Expert Code of Conduct – expert opinion is relevant, has probative value and is admissible Legislation Cited: Evidence Act 1995 Cases Cited: Bennet v Police [2005] SASC 167 Hannes v Director of Public Prosecutions [2006] NSWCCA 373; (2006) 165 A Crim R 151 Honeysett v The Queen [2014] HCA 29; (2014) 253 CLR 122 R v Warwick (No.37) [2019] NSWSC 196 R v Warwick (No.52) [2018] NSWSC 2034 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