R v Warwick (No.76) [2019] NSWSC 1516

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.76) [2019] NSWSC 1516 Hearing dates: 31 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) The statement of Paul Kohout dated 11 November 2014, previously Exhibit VD42, will be admitted in the trial and marked Exhibit 686. (2) The running sheet numbered 760/16 dated 14 February 1985, together with three attached photographs, formerly part of Exhibit VD42, will also be admitted into evidence and will be added to Exhibit 686. (3) The statement of Guillermo Guzman dated 8 January 1986, which was formerly Exhibit VD46, will be admitted and marked Exhibit 687. (4) I reject the tender of the statement of Jose Capparelli dated 20 October 1985, formerly Exhibit VD48. Catchwords: CRIMINAL LAW – Evidence – Witness evidence – unavailable witnesses – where witnesses are unavailable by reason of a physical or mental incapacity – whether the Crown has demonstrated that it was not reasonably practicable to overcome any inability to give evidence Legislation Cited: Evidence Act 1995 Cases Cited: Alzawy v The Coptic Orthodox Church Diocese of Sydney [2016] NSWSC 1122 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.