R v Johnson (No 3) [2019] NSWSC 142

R v Johnson (No 3) [2019] NSWSC 142

Despite medical certificates indicating anxiety and PTSD, the Court was not persuaded these amounted to just cause or reasonable excuse under the Evidence Act 1995 (NSW), particularly given the seriousness of the offence and the public interest in having all relevant evidence available; thus, a warrant for the witness's attendance was ordered.

Parties
Crown: Regina; Accused: Douglas Johnson
Jurisdiction
Australia
Judgment Date
11 February 2019
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Warrant ordered to secure the attendance of the witness; however, the witness subsequently appeared voluntarily before execution of the warrant.
Legal Topics
Witness Attendance, Subpoena, Warrant for Witness, Medical Excuses for Non Attendance
Evidence Law Criminal Law Witness Attendance Subpoena Warrant for Witness Medical Excuses for Non Attendance

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Parties

Regina

Crown

Douglas Johnson

Accused

Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether sufficient cause exists to issue a warrant to compel a witness's attendance under s 194 of the Evidence Act 1995 (NSW)
  2. 2 Whether medical certificates provide just cause or reasonable excuse for non-attendance by a witness

Ratio Decidendi

Despite medical certificates indicating anxiety and PTSD, the Court was not persuaded these amounted to just cause or reasonable excuse under the Evidence Act 1995 (NSW), particularly given the seriousness of the offence and the public interest in having all relevant evidence available; thus, a warrant for the witness's attendance was ordered.

Court Disposition

Warrant ordered to secure the attendance of the witness; however, the witness subsequently appeared voluntarily before execution of the warrant.

Orders

  • Warrant issued under s 194 Evidence Act 1995 (NSW) commanding police to bring Jing Peng to court to give evidence if required.