R v Warwick (No.75) [2019] NSWSC 1435

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.75) [2019] NSWSC 1435 Hearing dates: 21 October 2019 Date of orders: 21 October 2019 Decision date: 21 October 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Subject to any further application which may be made in respect of the witnesses named in paragraphs 1(a), (b), and (c), the balance of orders 1 and 2 of the Notice of Motion dated 21 October 2019 are dismissed Catchwords: CRIMINAL LAW – Evidence – Witnesses – Application to the court to recall a witness - Power of the Court to order the Crown to call witnesses – Principles for recalling witnesses in The Queen v Apostilides – Court is not required to compel Crown to call witnesses - Court is not required to compel Crown to give reasons – Not "exceptional circumstances requiring court to order calling of witnesses Legislation Cited: Not Applicable Cases Cited: The Queen v Apostilides [1984] HCA 38; 154 CLR 563 R v Warwick (No.53) [2018] NSWSC 1714 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) I Benson (Accused)

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co File Number(s): 2015/222068 Publication restriction: Suppression order in relation to the names of the Accused's wife and daughter: see R v Warwick (No.7) [2018] NSWSC 236. Revoked by direction of Garling J on 21.8.2020.