R v Warwick (No.85) [2019] NSWSC 1909

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.85) [2019] NSWSC 1909 Hearing dates: 17 December 2019 Date of orders: 17 December 2019 Decision date: 17 December 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) The Crown's application for leave to reopen its case to call Det. Russell, Det. Heffernan and Ms Opas for further cross‑examination is granted. (2) Pursuant to s 192 of the Evidence Act 1995, any further cross‑examination be, unless further leave be granted, limited as follows: (a) Ms Opas: Facts matters and circumstances contained in Exh TBB and Exh TBC, and matters arising therefrom; (b) Detectives Russell and Heffernan: Facts, matters and circumstances contained in and arising from their duty books produced since October 2019, as those facts, matters and circumstances may relate to the adequacy of the investigations undertaken since 2013. (3) The application for adjournment of the whole trial until 2020 is refused. (4) The Court directs that Ms Opas be recalled to give evidence on 18 December 2019, and that Detectives Russell and Heffernan be recalled in January 2020. Catchwords: CRIMINAL PROCEDURE – Adjournment – application for adjournment to complete reading of documents produced on subpoena – reasons not sufficient to warrant an adjournment

EVIDENCE – Course of evidence – Re-opening case – re-calling witnesses – agreement between the parties for the Crown to re-open its case – cross examination of Crown witnesses to be limited – s192 of the Evidence Act 1995 Legislation Cited: Evidence Act 1995 Cases Cited: Prasad v R [1994] HCA 2; (1994) 68 ALJR 194 Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9; (2019) 364 ALR 407 R v Baden-Clay (2016) 258 CLR 308 Peacock v R (1911) 13 CLR 619 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)