R v Warwick (No.75) [2019] NSWSC 1435

R v Warwick (No.75) [2019] NSWSC 1435

The court declined to order the recall of Mr Cormack as he had already been thoroughly cross-examined and any further evidence challenging his account could be adduced by the accused. The court also declined to intervene in the prosecution's decision not to call additional witnesses, finding no 'exceptional circumstances' justifying such intervention and that it remains the prosecution's discretion who to call as a witness.

Parties
Prosecution: The Crown; Accused: Leonard John Warwick
Jurisdiction
Australia
Judgment Date
21 October 2019
Procedural Posture
Criminal / Procedural Ruling on Application to Recall and Call Witnesses
Outcome
Application dismissed (subject to potential future applications regarding three witnesses)
Legal Topics
Recall of Witnesses, Prosecution's Duty to Call Witnesses, Discretion to Recall Witnesses, Exceptional Circumstances for Court to Call Witnesses
Criminal Law Evidence Recall of Witnesses Prosecution's Duty to Call Witnesses Discretion to Recall Witnesses Exceptional Circumstances for Court to Call Witnesses

Case Brief

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Parties

The Crown

Prosecution

Leonard John Warwick

Accused

Procedural Posture

Criminal / Procedural Ruling on Application to Recall and Call Witnesses

Legal Issues

  1. 1 Whether the court should exercise its discretion to order the recall of a witness for further cross-examination
  2. 2 Whether the court should order the prosecution to call, or itself call, additional witnesses requested by the accused

Ratio Decidendi

The court declined to order the recall of Mr Cormack as he had already been thoroughly cross-examined and any further evidence challenging his account could be adduced by the accused. The court also declined to intervene in the prosecution's decision not to call additional witnesses, finding no 'exceptional circumstances' justifying such intervention and that it remains the prosecution's discretion who to call as a witness.

Court Disposition

Application dismissed (subject to potential future applications regarding three witnesses)

Orders

  • Subject to any further application in respect of witnesses named in paragraphs 1(a), (b), and (c), the balance of orders 1 and 2 of the Notice of Motion dated 21 October 2019 are dismissed.