R v Warwick (No.74) [2019] NSWSC 1530

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.74) [2019] NSWSC 1530 Hearing dates: 19 September 2019 Date of orders: 19 September 2019 Decision date: 19 September 2019 Jurisdiction: Common Law Before: Garling J Decision: Statement of Christopher Jurgeit of 27.10.2014 and attached records are admitted and marked Exh 571. Catchwords: CRIMINAL LAW – Evidence – Where the Crown seeks to tender photocopies of an original document – Whether the Crown has to prove the authenticity of the documents – On the balance of probabilities, whether the photocopies are authentic replicas of the original 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.6982)

Proposed Exhibit 1. The Crown seeks to tender a Statement of Christopher Jurgeit dated 27 October 2014. Mr Jurgeit was formerly a senior officer of Fire and Rescue NSW (which was previously known as the NSW Fire Brigade). Together with that statement, the Crown seeks to tender copies of the original Occurrence Books which underlie the statement and which provide information as to when the Accused was or was not on duty as an officer of the NSW Fire Brigade by reference to a roster and attendance records at the Liverpool Fire Station.