R v Warwick (No.47) [2018] NSWSC 1325

R v Warwick (No.47) [2018] NSWSC 1325

The evidence of Mr Goetz established his direct involvement in the tests, and the relevant portions of Exhibit 73 record results he personally obtained, so those parts are relevant, not hearsay, and are admitted unconditionally except for the excluded parts.

Parties
Prosecution: The Crown; Accused: Leonard John Warwick
Jurisdiction
Australia
Judgment Date
27 August 2018
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
Certificate (Exh 73) admitted unconditionally except for excluded parts
Legal Topics
Admissibility of Evidence, Provisional Relevance, Hearsay, Forensic Evidence
Evidence Criminal Law Admissibility of Evidence Provisional Relevance Hearsay Forensic Evidence

Case Brief

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Parties

The Crown

Prosecution

Leonard John Warwick

Accused

Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether Exhibit 73 (certificate by Mr Goetz) should be admitted unconditionally into evidence, except for certain excluded parts
  2. 2 Whether the parts of Exhibit 73 sought to be tendered unconditionally are hearsay or based on hearsay

Ratio Decidendi

The evidence of Mr Goetz established his direct involvement in the tests, and the relevant portions of Exhibit 73 record results he personally obtained, so those parts are relevant, not hearsay, and are admitted unconditionally except for the excluded parts.

Court Disposition

Certificate (Exh 73) admitted unconditionally except for excluded parts

Orders

  • The whole of Exh 73 is admitted unconditionally, except for 'the excluded parts'