R v Warwick (No.82) [2019] NSWSC 1762

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.82) [2019] NSWSC 1762 Hearing dates: 02 December 2019 Date of orders: 02 December 2019 Decision date: 02 December 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: The tender by the Accused of pages 51-53 (inclusive) including footnotes 197-200 (inclusive) of the redacted Report of Anthony O'Reilly dated 24 November 2019 and marked Exh 698 is rejected. Catchwords: EVIDENCE – Expert evidence – whether statements in the report of an expert witness can be admitted as expert evidence – whether statements are based on any particular area of specialised knowledge – where statements are in the nature of advocacy Legislation Cited: Not Applicable 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. Suppression order in relation to Anthony O'Reilly.

EX TEMPORE Judgment (T.8241) 1. The Accused proposes to call as an expert witness, a man to whom the pseudonym, Anthony O'Reilly, has been given. The Accused proposes to adduce as his evidence-in-chief the contents of the redacted report dated 24 November 2019, which, after tender, became Exh 698 ("the Report"). 2. The Crown does not object to the report being admitted, but does object to parts of it. 3. This judgment deals with the objection which is taken to the contents of the Report found at pages 51-53 (inclusive) falling under the heading "11: General Comment on Mr Barnes' Conduct as an Expert".