R v Warwick (No.60) [2018] NSWSC 1875

R v Warwick (No.60) [2018] NSWSC 1875

The police running sheets were relevant to the extent and adequacy of the police investigation and were admissible for that purpose notwithstanding hearsay or opinion content. In a judge-alone trial, and with a s 136 limitation that the documents not be used as evidence of the truth of their representations but only as evidence of the nature and extent of the NSW Police inquiries, the probative value was not outweighed by unfair prejudice and there was no sufficient risk of misapprehension, misleading or confusing effect, or undue waste of time under ss 135 or 137 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
05 December 2018
Procedural Posture
Common Law Criminal / Procedural and Other Ruling on Admissibility of Evidence
Outcome
The bundle of police running sheets formerly marked MFI C-L was admitted as Exhibit 313 subject to a limitation on use under s 136 of the Evidence Act 1995.
Legal Topics
['relevance' 'hearsay' 'non Hearsay Purpose' 'opinion Evidence' 'discretionary Exclusion of Evidence' 'unfair Prejudice' 'limitation on Use of Evidence' 'police Running Sheets']
['evidence' 'criminal Law'] ['relevance' 'hearsay' 'non Hearsay Purpose' 'opinion Evidence' 'discretionary Exclusion of Evidence' 'unfair Prejudice' 'limitation on Use of Evidence' 'police Running Sheets']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Criminal / Procedural and Other Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether a bundle of police running sheets relating to inquiries after the Kingdom Hall bombing was relevant and admissible for the purpose of addressing the comprehensiveness and adequacy of the police investigation.' 'Whether the running sheets should be excluded because they contained hearsay statements and opinions where the makers or authors were not to be called.' 'Whether the evidence should be refused under s 135 or s 137 of the Evidence Act 1995 because its probative value was outweighed by unfair prejudice or because it might be misleading, confusing or waste time.' 'Whether any admissibility should be subject to a limitation on use under s 136 of the Evidence Act 1995.']

Ratio Decidendi

The police running sheets were relevant to the extent and adequacy of the police investigation and were admissible for that purpose notwithstanding hearsay or opinion content. In a judge-alone trial, and with a s 136 limitation that the documents not be used as evidence of the truth of their representations but only as evidence of the nature and extent of the NSW Police inquiries, the probative value was not outweighed by unfair prejudice and there was no sufficient risk of misapprehension, misleading or confusing effect, or undue waste of time under ss 135 or 137 of the Evidence Act 1995.

Court Disposition

The bundle of police running sheets formerly marked MFI C-L was admitted as Exhibit 313 subject to a limitation on use under s 136 of the Evidence Act 1995.

Orders

  • ['The bundle of documents formerly MFI C-L are admissible and ought be admitted and marked Exh 313.' 'Order pursuant to s 136 of the Evidence Act 1995 that the exhibit be subject to a limitation on use, namely, that the contents of the documents are not evidence of the truth of the representations contained in them...