R v Warwick (No.91) [2020] NSWSC 75

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.91) [2020] NSWSC 75 Hearing dates: 10 February 2020 Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Tender of running sheets 170/238 to 170/240 is rejected Catchwords: EVIDENCE – admissibility of evidence – exceptions to the hearsay rule – s 69(2)(b) Evidence Act 1995 – business records exception – second-hand hearsay - application of s69(3)(b) – whether a document used in an investigation that does not lead to an immediate charge falls within s69(3)(b) – held that s69(3)(b) applies – tender of evidence rejected Legislation Cited: Evidence Act 1995 Cases Cited: Lee v The Queen [1998] HCA 60; (1998) 195 CLR 594 Lewincamp v ACP Magazines Ltd [2008] ACT SC 697 R v Rondo [2001] NSWCCA 540; (2001) 126 A Crim R 562 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 orders in relation to identification of particular witnesses.

EX TEMPORE Judgment (T.9250)