R v Warwick (No.88) [2020] NSWSC 37

R v Warwick (No.88) [2020] NSWSC 37

Because Exhibit 714 was only ever intended to be a selective record for specific purposes, and the Accused’s concerns could be addressed by submission or further evidence during trial, there is no basis for recalling Detective Russell for further cross-examination.

Jurisdiction
Australia
Judgment Date
31 January 2020
Procedural Posture
Criminal / Notice of Motion Regarding Recall of Witness for Cross Examination
Outcome
Notice of Motion dismissed
Legal Topics
['recall of Witness' 'cross Examination' 'admissibility of Evidence' 'selective Exhibits']
['criminal Procedure'] ['recall of Witness' 'cross Examination' 'admissibility of Evidence' 'selective Exhibits']

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Procedural Posture

Criminal / Notice of Motion Regarding Recall of Witness for Cross Examination

Legal Issues

  1. 1 ['Whether Detective Russell should be recalled for further cross-examination regarding Exhibit 714 (Mariti surveillance records)']

Ratio Decidendi

Because Exhibit 714 was only ever intended to be a selective record for specific purposes, and the Accused’s concerns could be addressed by submission or further evidence during trial, there is no basis for recalling Detective Russell for further cross-examination.

Court Disposition

Notice of Motion dismissed

Orders

  • ['Notice of Motion filed 31 January 2020 is dismissed.']