R v Warwick (No.42) [2018] NSWSC 1292

R v Warwick (No.42) [2018] NSWSC 1292

The detail of Mr Sheather's evidence about what he removed from the Kingdom Hall was not inconsistent with his description, and the evidence concerning packaging, retention, movement records, DFM records and DFM allocated numbers established a proper factual basis for identification of the items. On that basis, the photographs and the original cardboard item were admissible.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Common Law Criminal / Procedural Ruling on Admissibility of Photographs and Cardboard From Crime Scene
Outcome
Photographs and the original item the subject of the photographs admitted and marked as Exhibit 74.
Legal Topics
['admissibility of Physical Evidence' 'admissibility of Photographs' 'identification of Exhibits' 'continuity of Evidence']
['criminal Law' 'evidence'] ['admissibility of Physical Evidence' 'admissibility of Photographs' 'identification of Exhibits' 'continuity of Evidence']

Case Brief

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Procedural Posture

Common Law Criminal / Procedural Ruling on Admissibility of Photographs and Cardboard From Crime Scene

Legal Issues

  1. 1 ['Whether two photographs showing a piece of cardboard allegedly recovered from the Kingdom Hall at Casula shortly after the bombing on 21 July 1985 should be admitted into evidence.' 'Whether the piece of cardboard shown in the photographs should be admitted into evidence despite the witness having no specific memory of collecting it.']

Ratio Decidendi

The detail of Mr Sheather's evidence about what he removed from the Kingdom Hall was not inconsistent with his description, and the evidence concerning packaging, retention, movement records, DFM records and DFM allocated numbers established a proper factual basis for identification of the items. On that basis, the photographs and the original cardboard item were admissible.

Court Disposition

Photographs and the original item the subject of the photographs admitted and marked as Exhibit 74.

Orders

  • ['The photographs and the original item the subject of the photographs are admitted and marked as Exh 74.']