R v Warwick (No.40) [2018] NSWSC 1283

R v Warwick (No.40) [2018] NSWSC 1283

The plan was relevant to the adequacy of the investigation and to the consequences and layout of the bombing scene. Although Mr Sheather did not prepare the plan, his position in the investigation, the label on the document, and the type and nature of the document meant that he adequately identified it. The Accused had not tested his knowledge on the voir dire. The plan and copy were therefore admissible.

Jurisdiction
Australia
Judgment Date
16 August 2018
Procedural Posture
Criminal Evidence Admissibility Ruling / Procedural and Other Ruling During Criminal Proceedings
Outcome
The Photogrammetry Plan of the Kingdom Hall and the copy of it were admitted as Exh 68.
Legal Topics
['admissibility of Crime Scene Plan' 'relevance' 'identification of Document' 'adequacy of Police Investigation']
['criminal Law' 'evidence'] ['admissibility of Crime Scene Plan' 'relevance' 'identification of Document' 'adequacy of Police Investigation']

Case Brief

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Procedural Posture

Criminal Evidence Admissibility Ruling / Procedural and Other Ruling During Criminal Proceedings

Legal Issues

  1. 1 ['Whether the Photogrammetry Plan of the Kingdom Hall and a copy of it were relevant and admissible.' 'Whether the plan was adequately identified by Mr Sheather despite not having been prepared by him and despite Detective R N Adams not being called.']

Ratio Decidendi

The plan was relevant to the adequacy of the investigation and to the consequences and layout of the bombing scene. Although Mr Sheather did not prepare the plan, his position in the investigation, the label on the document, and the type and nature of the document meant that he adequately identified it. The Accused had not tested his knowledge on the voir dire. The plan and copy were therefore admissible.

Court Disposition

The Photogrammetry Plan of the Kingdom Hall and the copy of it were admitted as Exh 68.

Orders

  • ['The Photogrammetry Plan of the Kingdom Hall and the copy of it admitted as Exh 68.']