R v Warwick (No.70) [2019] NSWSC 1529

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.70) [2019] NSWSC 1529 Hearing dates: 9 September 2019 Date of orders: 09 September 2019 Decision date: 09 September 2019 Jurisdiction: Common Law Before: Garling J Decision: Document admitted and marked Exh 464 Catchwords: CRIMINAL LAW – Evidence – Evidence to establish that a person may have access to knowledge about the existence of publications from which techniques involving explosives could be found – balancing exercise in s137 Evidence Act 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) 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.

EX TEMPORE Judgment (T.6613)

Proposed Exhibit 1. The Crown seeks to tender a catalogue of publications sold by a publisher called Paladin Press which was, at the relevant time, located in the United States of America, in Boulder, Colorado (the "Catalogue"). 2. The Catalogue is entitled "Volume 13, No. 6". The contents of it, in particular, a "special holiday offer" for Paladin readers, which expired on 1 January 1984, makes plain that the Catalogue was published prior to that date, and at some time during 1983. 3. The Catalogue provides information about the placing of orders from outside the USA. It provides instructions as to how that can be done by mail. As well, it provides information as to how orders can be placed by telephoning the publisher and placing orders on the basis that payment is made over the telephone by credit card.