R v Warwick (No.48) [2019] NSWSC 206

R v Warwick (No.48) [2019] NSWSC 206

The photocopy was admissible because it was relevant under s 55, the copying of three notebook pages onto one sheet did not prevent it being a copy document within s 48, and the original pages were not unlawfully or improperly obtained: after the Writ of Possession was executed, Ms Blanchard was in lawful possession and had given NSW Police permission to enter and search, and the pages were visible on the kitchen bench. Alternatively, any impropriety was of a very low order and was outweighed by the desirability of admitting evidence with probative capacity.

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Common Law Criminal; Evidentiary Admissibility Ruling on Voir Dire / Procedural Ruling During Criminal Proceedings
Outcome
The single page photocopy of the three notebook pages was admitted into evidence.
Legal Topics
['admissibility of Documentary Evidence' 'relevance' 'copy Documents' 'unlawfully or Improperly Obtained Evidence' 'police Seizure' 'voir Dire']
['criminal Law' 'evidence'] ['admissibility of Documentary Evidence' 'relevance' 'copy Documents' 'unlawfully or Improperly Obtained Evidence' 'police Seizure' 'voir Dire']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Criminal; Evidentiary Admissibility Ruling on Voir Dire / Procedural Ruling During Criminal Proceedings

Legal Issues

  1. 1 ['Whether a single page photocopy collating three notebook pages was relevant to an issue in the trial.' 'Whether the photocopy was a copy document admissible under s 48 of the Evidence Act 1995 despite reproducing three original pages on one sheet.' 'Whether the original notebook pages were seized unlawfully or improperly by NSW Police.' 'If there was unlawfulness or impropriety in obtaining the evidence, whether s 138 of the Evidence Act 1995 permitted admission because the desirability of admitting the evidence outweighed the undesirability of admitting it.']

Ratio Decidendi

The photocopy was admissible because it was relevant under s 55, the copying of three notebook pages onto one sheet did not prevent it being a copy document within s 48, and the original pages were not unlawfully or improperly obtained: after the Writ of Possession was executed, Ms Blanchard was in lawful possession and had given NSW Police permission to enter and search, and the pages were visible on the kitchen bench. Alternatively, any impropriety was of a very low order and was outweighed by the desirability of admitting evidence with probative capacity.

Court Disposition

The single page photocopy of the three notebook pages was admitted into evidence.

Orders

  • ["The document being a photocopy of the three pages of a notebook seized from the Accused's house at Casula will be admitted as an exhibit and marked Exh 167."]