R v Warwick (No.49) [2018] NSWSC 1557

R v Warwick (No.49) [2018] NSWSC 1557

The underlying documents relied upon by the expert, Dr Bruce, are admitted as evidence subject to a limitation under s 136 of the Evidence Act 1995 such that the documents are admitted to prove the material relied upon for expressing expert opinion, but not as to the truth of the contents of the DNA Submission Sheet, pending further evidence.

Parties
Prosecution: The Crown; Accused: Leonard John Warwick
Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence During Trial
Outcome
Documents admitted with limitation on use
Legal Topics
Expert Evidence, Documentary Evidence, Admissibility of Evidence, Limitation on Use of Evidence
Evidence Criminal Law Expert Evidence Documentary Evidence Admissibility of Evidence Limitation on Use of Evidence

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 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

The Crown

Prosecution

Leonard John Warwick

Accused

Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 Whether expert reports and underlying documents related to DNA analysis are admissible as evidence
  2. 2 Whether limitation should be imposed on the use of DNA Submission Sheet pending further evidence

Ratio Decidendi

The underlying documents relied upon by the expert, Dr Bruce, are admitted as evidence subject to a limitation under s 136 of the Evidence Act 1995 such that the documents are admitted to prove the material relied upon for expressing expert opinion, but not as to the truth of the contents of the DNA Submission Sheet, pending further evidence.

Court Disposition

Documents admitted with limitation on use

Orders

  • The documents which were formerly marked MFI SSSS will be admitted and marked Exh 171.
  • The document entitled 'DNA Submission Sheet' will, pursuant to s 136 of the Evidence Act 1995 be subject to a limitation on use, namely that the contents of the document are not admitted as being true.