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

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

Leave to reopen the Crown case was warranted because newly produced subpoena material provided a proper basis to recall the three witnesses, and the Crown did not oppose recall. However, further cross-examination had to be confined to the new material and related matters under s 192. The Accused had not shown sufficient reason to adjourn the whole trial until 2020: the Exh TBB and Exh TBC materials were limited and readily understood, no duty book entries had been identified as affecting the subject matter for Ms Opas, and it was highly unlikely that unread duty book material would bear directly on that cross-examination. The detectives' further cross-examination could be adjourned until...

Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Common Law Criminal; Procedural and Other Ruling in a Criminal Trial / Application During Trial for Adjournment and for Leave to Reopen the Crown Case to Recall Witnesses for Further Cross Examination After the Crown Had Closed Its Case and the Accused Had Commenced Calling Evidence
Outcome
The Crown's application for leave to reopen its case was granted; the application for adjournment of the whole trial until 2020 was refused; Ms Opas was to be recalled on 18 December 2019 and Detectives Russell and Heffernan in January 2020.
Legal Topics
['adjournment' 're Opening the Crown Case' 'recalling Witnesses' 'further Cross Examination' 'subpoenaed Documents' 'limits on Cross Examination Under S 192 of the Evidence Act 1995']
['criminal Procedure' 'evidence'] ['adjournment' 're Opening the Crown Case' 'recalling Witnesses' 'further Cross Examination' 'subpoenaed Documents' 'limits on Cross Examination Under S 192 of the Evidence Act 1995']

Case Brief

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Procedural Posture

Common Law Criminal; Procedural and Other Ruling in a Criminal Trial / Application During Trial for Adjournment and for Leave to Reopen the Crown Case to Recall Witnesses for Further Cross Examination After the Crown Had Closed Its Case and the Accused Had Commenced Calling Evidence

Legal Issues

  1. 1 ['Whether the Crown should be granted leave to reopen its case to recall Det. Russell, Det. Heffernan and Ms Opas for further cross-examination.' 'Whether further cross-examination of the recalled witnesses should be limited pursuant to s 192 of the Evidence Act 1995.' "Whether the whole trial should be adjourned until 2020 to allow the Accused's lawyers to complete reading duty books and other documents produced on subpoena." 'When Ms Opas and the two detectives should be recalled.']

Ratio Decidendi

Leave to reopen the Crown case was warranted because newly produced subpoena material provided a proper basis to recall the three witnesses, and the Crown did not oppose recall. However, further cross-examination had to be confined to the new material and related matters under s 192. The Accused had not shown sufficient reason to adjourn the whole trial until 2020: the Exh TBB and Exh TBC materials were limited and readily understood, no duty book entries had been identified as affecting the subject matter for Ms Opas, and it was highly unlikely that unread duty book material would bear directly on that cross-examination. The detectives' further cross-examination could be adjourned until...

Court Disposition

The Crown's application for leave to reopen its case was granted; the application for adjournment of the whole trial until 2020 was refused; Ms Opas was to be recalled on 18 December 2019 and Detectives Russell and Heffernan in January 2020.

Orders

  • ["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." 'Pursuant to s 192 of the Evidence Act 1995, any further cross-examination be, unless further leave be granted, limited as follows: Ms Opas: Facts matters and...