R v Warwick (No.54) [2018] NSWSC 1716

R v Warwick (No.54) [2018] NSWSC 1716

Mr Barnes' report, although predating the Expert Witness Code of Conduct and not fully addressing its requirements, is admissible on the voir dire because the expert is sufficiently qualified, the bases for his opinions are disclosed and substantiated, relevant documents were produced, and the evidence complies with the fundamental rules under s 79 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
17 October 2018
Procedural Posture
Criminal / Voir Dire
Outcome
report admitted as evidence
Legal Topics
['admissibility of Expert Evidence' 'compliance With Expert Witness Code of Conduct' 'procedural Ruling']
['criminal Law' 'evidence'] ['admissibility of Expert Evidence' 'compliance With Expert Witness Code of Conduct' 'procedural Ruling']

Case Brief

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Procedural Posture

Criminal / Voir Dire

Legal Issues

  1. 1 ["Whether Mr Barnes' expert report is admissible despite alleged non-compliance with the Expert Witness Code of Conduct" "Whether the assumptions and reasoning in Mr Barnes' report are adequately established" 'Whether the Crown complied with subpoenas for production of documents underlying the report']

Ratio Decidendi

Mr Barnes' report, although predating the Expert Witness Code of Conduct and not fully addressing its requirements, is admissible on the voir dire because the expert is sufficiently qualified, the bases for his opinions are disclosed and substantiated, relevant documents were produced, and the evidence complies with the fundamental rules under s 79 of the Evidence Act 1995.

Court Disposition

report admitted as evidence

Orders

  • ['Report of Mr Barnes of 23 November 1985 admitted and marked V.D.31']