R v Warwick (No.14) [2018] NSWSC 635

R v Warwick (No.14) [2018] NSWSC 635

Leave was granted because the nine aerial photographs were likely to assist the efficient unfolding of the Crown case, would benefit both the Crown and the accused during the trial, and would not cause prejudice to the accused, while directions could deal with any request by the accused for further information about the photographs.

Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Criminal Proceeding / Crown Notice of Motion Seeking Leave to Serve Nine Aerial Maps as Evidence in the Crown Case After the Cut Off Date for Service of the Crown Brief
Outcome
Leave granted to the Crown to serve the nine aerial maps, directions made for requests and responses about further information, and the motion otherwise dismissed.
Legal Topics
['service of Crown Evidence' 'aerial Photographs' 'prejudice to Accused' 'admissibility Not Determined']
['criminal Procedure'] ['service of Crown Evidence' 'aerial Photographs' 'prejudice to Accused' 'admissibility Not Determined']

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Procedural Posture

Criminal Proceeding / Crown Notice of Motion Seeking Leave to Serve Nine Aerial Maps as Evidence in the Crown Case After the Cut Off Date for Service of the Crown Brief

Legal Issues

  1. 1 ['Whether the Crown should be granted leave to serve nine aerial maps or photographs on the accused as evidence in the Crown case after the cut-off date for service of the Crown Brief.' 'Whether service of the aerial photographs would prejudice the accused.' 'Whether the accused should be able to request further information about the source material underlying the aerial photographs.']

Ratio Decidendi

Leave was granted because the nine aerial photographs were likely to assist the efficient unfolding of the Crown case, would benefit both the Crown and the accused during the trial, and would not cause prejudice to the accused, while directions could deal with any request by the accused for further information about the photographs.

Court Disposition

Leave granted to the Crown to serve the nine aerial maps, directions made for requests and responses about further information, and the motion otherwise dismissed.

Orders

  • ['Grant leave to the Crown to serve on the accused, as evidence in the Crown case, nine aerial maps as follows: (a) Aerial photograph of 12 Kira Avenue, Northmead (1984 image); (b) Aerial photograph of Casula area showing Kingdom Hall and 25 Tallowwood Avenue (1982 image); (c) Aerial photograph of Casula area...