R v Warwick (No.74) [2019] NSWSC 1530

R v Warwick (No.74) [2019] NSWSC 1530

The judge was satisfied, on the balance of probabilities, that the Occurrence Books provided to the witness were authentic originals from the NSW Fire Brigade and that the photocopies were accurate reproductions. The existence of a records management system, sequential numbering, lack of cross-examination challenging the evidence, and inspection of the originals supported authenticity. Therefore, the statement of Christopher Jurgeit and attached records were admitted as evidence.

Jurisdiction
Australia
Judgment Date
19 September 2019
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Objection overruled, evidence admitted
Legal Topics
['tender of Documentary Evidence' 'authenticity of Documents' 'admissibility of Copies']
['criminal Law' 'evidence'] ['tender of Documentary Evidence' 'authenticity of Documents' 'admissibility of Copies']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether the Crown must prove the authenticity of photocopies of original documents for admission as evidence' 'Whether photocopies are authentic replicas of the original Occurrence Books']

Ratio Decidendi

The judge was satisfied, on the balance of probabilities, that the Occurrence Books provided to the witness were authentic originals from the NSW Fire Brigade and that the photocopies were accurate reproductions. The existence of a records management system, sequential numbering, lack of cross-examination challenging the evidence, and inspection of the originals supported authenticity. Therefore, the statement of Christopher Jurgeit and attached records were admitted as evidence.

Court Disposition

Objection overruled, evidence admitted

Orders

  • ['Statement of Christopher Jurgeit of 27.10.2014 and attached records are admitted and marked Exh 571.']