R v Warwick (No.77) [2019] NSWSC 1564

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.77) [2019] NSWSC 1564 Hearing dates: 31 October 2019 Date of orders: 31 October 2019 Decision date: 11 November 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Order 1 of the Notice of Motion dated 30 October 2019 and Orders 1-4 of the Notice of Motion dated 31 October 2019, be dismissed. Catchwords: CRIMINAL LAW – Trial – Evidence – Witnesses – leave to re-call witnesses after close of Crown case – adjournment – the duty of disclosure Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Browne v Dunn (1893) 6 R 67 (HL) Marwan v Director of Public Prosecutions [2019] NSWCCA 161 MWJ v The Queen [2005] HCA 74; (2005) 80 ALJR 329 R v Small (1994) 33 NSWLR 575; (1994) 72 A Crim R 462 SY v R [2018] NSWCCA 6 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.

Judgment (T.7743) 1. After the close of the Crown case on 31 October 2019, the lawyers for the Accused filed two separate Notices of Motion, each seeking various orders. The first Notice of Motion is dated 30 October 2019. The second Notice of Motion is dated 31 October 2019. The Motions were heard together. 2. At the conclusion of the hearing on 31 October 2019, I made orders dismissing the orders which were pressed in the Motions. I indicated that I would publish reasons in due course. These are my reasons.