R v Warwick (No.24) [2018] NSWSC 691

R v Warwick (No.24) [2018] NSWSC 691

Because formal authentication remained in issue but the Family Court of Australia file was plainly relevant to the Crown case, the appropriate course was to admit the file provisionally under s 57 of the Evidence Act 1995 and mark it as Exhibit 1, with final admission to be determined later.

Jurisdiction
Australia
Judgment Date
15 May 2018
Procedural Posture
Common Law Criminal / Pre Trial Evidentiary Ruling on Tender of Family Court of Australia File
Outcome
Family Court of Australia file admitted provisionally as Exhibit 1 in the proceedings.
Legal Topics
['provisional Relevance' 'authentication of Documents' 'tender of Court File' 'evidence Act 1995 S 57']
['criminal Law' 'evidence'] ['provisional Relevance' 'authentication of Documents' 'tender of Court File' 'evidence Act 1995 S 57']

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Procedural Posture

Common Law Criminal / Pre Trial Evidentiary Ruling on Tender of Family Court of Australia File

Legal Issues

  1. 1 ['Whether the Family Court of Australia file concerning proceedings between Ms Andrea Blanchard and the Accused should be admitted provisionally and marked as an exhibit before formal authentication is finalised.']

Ratio Decidendi

Because formal authentication remained in issue but the Family Court of Australia file was plainly relevant to the Crown case, the appropriate course was to admit the file provisionally under s 57 of the Evidence Act 1995 and mark it as Exhibit 1, with final admission to be determined later.

Court Disposition

Family Court of Australia file admitted provisionally as Exhibit 1 in the proceedings.

Orders

  • ['Admit Family Court of Australia file provisionally as Exh 1 in these proceedings.']