R v Warwick (No.52) [2018] NSWSC 2034

R v Warwick (No.52) [2018] NSWSC 2034

The documents are relevant and admissible as the basis for the expert opinion on handwriting identification; issues raised by the accused (lack of original documents or their identification, presence of handwriting by others, and factual assumptions) go to weight and may be addressed in cross-examination, not admissibility.

Parties
Prosecution: The Crown; Accused: Leonard John Warwick
Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Documents admitted as evidence
Legal Topics
Admissibility of Expert Evidence, Handwriting Evidence, Expert Witness, Relevance and Admissibility, Evidentiary Rulings
Evidence Criminal Law Admissibility of Expert Evidence Handwriting Evidence Expert Witness Relevance and Admissibility Evidentiary Rulings

Case Brief

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Parties

The Crown

Prosecution

Leonard John Warwick

Accused

Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether expert evidence relating to handwriting is admissible when the expert has not identified all documents relied upon
  2. 2 Whether the expert's reliance on photocopies rather than originals affects admissibility
  3. 3 Whether the possible presence of handwriting by persons other than the accused in the specimen documents affects admissibility

Ratio Decidendi

The documents are relevant and admissible as the basis for the expert opinion on handwriting identification; issues raised by the accused (lack of original documents or their identification, presence of handwriting by others, and factual assumptions) go to weight and may be addressed in cross-examination, not admissibility.

Court Disposition

Documents admitted as evidence

Orders

  • Documents are relevant and admissible. They will be marked Exhibit 205.