R v Warwick (No.70) [2019] NSWSC 1529

R v Warwick (No.70) [2019] NSWSC 1529

The document is relevant to show the accused may have had access to knowledge about certain publications; no unfair prejudice identified which would outweigh its (albeit low) probative value; thus, it is admissible and not excluded under s137 Evidence Act 1995.

Parties
Prosecution: The Crown; Accused: Leonard John Warwick
Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Document admitted as evidence
Legal Topics
Admissibility of Evidence, Probative Value Vs Unfair Prejudice, Section 137 Evidence Act 1995
Criminal Law Evidence Admissibility of Evidence Probative Value Vs Unfair Prejudice Section 137 Evidence Act 1995

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 1 Party arguments 2
Sign in to unlock

Parties

The Crown

Prosecution

Leonard John Warwick

Accused

Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether a catalogue of publications from Paladin Press is admissible as evidence to show the accused's potential access to information about explosives and firearms
  2. 2 Whether probative value is outweighed by prejudicial effect under s137 Evidence Act 1995

Ratio Decidendi

The document is relevant to show the accused may have had access to knowledge about certain publications; no unfair prejudice identified which would outweigh its (albeit low) probative value; thus, it is admissible and not excluded under s137 Evidence Act 1995.

Court Disposition

Document admitted as evidence

Orders

  • Document admitted and marked Exh 464