R v Warwick (No.83) [2019] NSWSC 1757

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.83) [2019] NSWSC 1757 Hearing dates: 4 December 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: The tender of the report of Dr Pulman of 30 March 2016 marked MFI E-T, is rejected. Catchwords: EVIDENCE – Relevance – Expert evidence – s55 of the Evidence Act - where the opinion does not relate to the skills and capacity of the Accused when the events occurred – the evidence if it was accepted, could not rationally affect, either directly or indirectly, the assessment of the probability of the existence of any fact in issue in the proceedings 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) A R Conolly / 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.8329)

Tender of Expert Report 1. During the course of the calling of witnesses by the Accused in answer to the Crown case, the Accused tendered the expert opinion of Dr Susan Pulman, which is set out in a report dated 30 March 2016, which was marked MFI E-T. 2. The Crown objected to the admission of that expert opinion on the basis of relevance. It indicated that if the opinion was held to be relevant, it did not oppose the expert opinion of Dr Pulman being adduced by the tender of the report, and the Crown did not wish to cross-examine her upon it.