R v Warwick (No.45) [2018] NSWSC 1352

R v Warwick (No.45) [2018] NSWSC 1352

Mr Sheather's voir dire evidence was relevant to the issues in the trial, the Accused identified no specific objection to any question or answer, no prejudice, and no provision of the Evidence Act 1995 requiring rejection, and in a judge alone trial admission would be efficient while preserving the Accused's ability to cross-examine; therefore the evidence should be admitted in the trial.

Jurisdiction
Australia
Judgment Date
23 August 2018
Procedural Posture
Criminal / Procedural Ruling on Crown Application to Admit Evidence Taken on Voir Dire as Evidence in the Trial
Outcome
Crown application granted; objection by the Accused not upheld.
Legal Topics
['voir Dire Evidence' 'expert Opinion Evidence' 'admissibility' 'judge Alone Trial']
['criminal Law' 'evidence'] ['voir Dire Evidence' 'expert Opinion Evidence' 'admissibility' 'judge Alone Trial']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Crown Application to Admit Evidence Taken on Voir Dire as Evidence in the Trial

Legal Issues

  1. 1 ['Whether oral evidence of Mr Sheather taken on the voir dire between transcript pages 1607.6 and 1625.22 should be admitted as evidence in the trial.']

Ratio Decidendi

Mr Sheather's voir dire evidence was relevant to the issues in the trial, the Accused identified no specific objection to any question or answer, no prejudice, and no provision of the Evidence Act 1995 requiring rejection, and in a judge alone trial admission would be efficient while preserving the Accused's ability to cross-examine; therefore the evidence should be admitted in the trial.

Court Disposition

Crown application granted; objection by the Accused not upheld.

Orders

  • ['Order that the evidence of Mr Sheather between pages 1607.6 and 1625.22 which was taken on the voir dire be admitted as evidence in the trial.']