R v Warwick (No.82) [2019] NSWSC 1762

R v Warwick (No.82) [2019] NSWSC 1762

The relevant parts of Anthony O'Reilly's report were inadmissible because they were not based on any area of specialised knowledge in which he had expertise and were merely expressions of advocacy rather than expert opinion.

Parties
Prosecution: The Crown; Accused: Leonard John Warwick
Jurisdiction
Australia
Judgment Date
02 December 2019
Procedural Posture
Criminal / Interlocutory Evidentiary Ruling at Trial
Outcome
Objection upheld; evidence excluded
Legal Topics
Expert Evidence, Admissibility of Expert Opinion, Advocacy by Expert Witnesses
Evidence Criminal Law Expert Evidence Admissibility of Expert Opinion Advocacy by Expert Witnesses

Case Brief

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Parties

The Crown

Prosecution

Leonard John Warwick

Accused

Procedural Posture

Criminal / Interlocutory Evidentiary Ruling at Trial

Legal Issues

  1. 1 Whether statements in the report of an expert witness can be admitted as expert evidence when not based on specialised knowledge and when amounting to advocacy.

Ratio Decidendi

The relevant parts of Anthony O'Reilly's report were inadmissible because they were not based on any area of specialised knowledge in which he had expertise and were merely expressions of advocacy rather than expert opinion.

Court Disposition

Objection upheld; evidence excluded

Orders

  • The tender by the Accused of pages 51-53 (inclusive) including footnotes 197-200 (inclusive) of the redacted Report of Anthony O'Reilly dated 24 November 2019 and marked Exh 698 is rejected.