R v Warwick (No.62) [2018] NSWSC 2028

R v Warwick (No.62) [2018] NSWSC 2028

The evidence of Mr Barnes is capable of acceptance, is relevant under ss 55 and 56 of the Evidence Act, he is qualified as an expert under s 79, his opinions are based on specialised knowledge, and there is no basis for exclusion under ss 135 or 137; therefore, both his evidence and related exhibits are admitted.

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Criminal / Interlocutory Evidentiary Ruling During Trial
Outcome
application granted; evidence admitted
Legal Topics
['admissibility of Expert Evidence' 'relevance' 'expert Qualifications' 'voir Dire' 'opinion Rule' 'unfair Prejudice']
['criminal Law' 'evidence'] ['admissibility of Expert Evidence' 'relevance' 'expert Qualifications' 'voir Dire' 'opinion Rule' 'unfair Prejudice']

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Procedural Posture

Criminal / Interlocutory Evidentiary Ruling During Trial

Legal Issues

  1. 1 ["Whether Mr Barnes' evidence is relevant under s 55 and s 56 of the Evidence Act 1995" 'Whether Mr Barnes qualifies as an expert under s 79 of the Evidence Act 1995' "Whether Mr Barnes' opinions are based on specialised knowledge" 'Whether evidence should be excluded under s 135 or s 137 of the Evidence Act 1995 due to unfair prejudice']

Ratio Decidendi

The evidence of Mr Barnes is capable of acceptance, is relevant under ss 55 and 56 of the Evidence Act, he is qualified as an expert under s 79, his opinions are based on specialised knowledge, and there is no basis for exclusion under ss 135 or 137; therefore, both his evidence and related exhibits are admitted.

Court Disposition

application granted; evidence admitted

Orders

  • ['The evidence of Robert Barnes (T.3636-T.3790, T.3804-T.4149) taken on the voir dire is admitted into evidence for the trial.' 'Exhibits VD5 to VD39 inclusive are admitted as Exh 322 to Exh 356 in the trial.']