R v Warwick (No.34) [2018] NSWSC 1242

R v Warwick (No.34) [2018] NSWSC 1242

Detective Sergeant Harkins is qualified to give expert evidence on bloodstain pattern analysis; his opinion regarding overestimation of blood volumes by laypeople is relevant and admissible as expert evidence under s 79 of the Evidence Act 1995. The Crown may lead his evidence as per his statement, except section E (paragraphs 30-48) and all attachments post-page 22, which are excluded as not relevant. The visual demonstrations of blood quantities are not admitted as there is no quantitative evidence to which they are relevant.

Parties
Prosecution: The Crown; Accused: Leonard John Warwick
Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Application granted in part; evidence admitted in part and excluded in part.
Legal Topics
Opinion Evidence, Expert Opinion, Admissibility of Evidence, Blood Pattern Analysis
Evidence Law Criminal Law Opinion Evidence Expert Opinion Admissibility of Evidence Blood Pattern Analysis

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 opinion evidence of Detective Sergeant Harkins on blood pattern analysis is admissible under s 79 of the Evidence Act 1995
  2. 2 Whether demonstrations showing visual blood quantities are relevant and admissible
  3. 3 Whether the probative value of the opinion or demonstration evidence is outweighed by any unfair prejudice under s 137 of the Evidence Act

Ratio Decidendi

Detective Sergeant Harkins is qualified to give expert evidence on bloodstain pattern analysis; his opinion regarding overestimation of blood volumes by laypeople is relevant and admissible as expert evidence under s 79 of the Evidence Act 1995. The Crown may lead his evidence as per his statement, except section E (paragraphs 30-48) and all attachments post-page 22, which are excluded as not relevant. The visual demonstrations of blood quantities are not admitted as there is no quantitative evidence to which they are relevant.

Court Disposition

Application granted in part; evidence admitted in part and excluded in part.

Orders

  • Permit the Crown to lead the evidence of Detective Sergeant Harkins as set out in his statement signed 17/1/2018, except that the Crown may not lead, as part of the evidence-in-chief, section E (paragraphs 30-48 inclusive) and all attachments to the statement from after page 22 to the end of the report.