R v Warwick (No.46) [2018] NSWSC 1335

R v Warwick (No.46) [2018] NSWSC 1335

Reports and worksheets were admissible unconditionally for tests conducted by Mr Goetz, and provisionally for tests and opinions not conducted by him, consistent with Evidence Act 1995 s 57.

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
Document admitted into evidence; parts provisionally admitted.
Legal Topics
Admissibility of Forensic Reports, Hearsay Objection, Provisional Admission Under Evidence Act S 57
Criminal Law Evidence Admissibility of Forensic Reports Hearsay Objection Provisional Admission Under Evidence Act S 57

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 reports and worksheets recording results of blood tests are admissible as evidence
  2. 2 Admissibility of opinions based on tests not personally conducted by expert
  3. 3 Hearsay objections to forensic evidence

Ratio Decidendi

Reports and worksheets were admissible unconditionally for tests conducted by Mr Goetz, and provisionally for tests and opinions not conducted by him, consistent with Evidence Act 1995 s 57.

Court Disposition

Document admitted into evidence; parts provisionally admitted.

Orders

  • Except for the results of two specified tests and the opinion expressed by Mr Goetz in the last sentence of the draft report, the document is admitted unconditionally and marked Exh 95.
  • Insofar as Exh 95 records the results of testing which Mr Goetz did not undertake and the opinion which he then expressed, the document will be admitted provisionally, depending upon findings to be made in the future about those test results and that opinion.