R v Manuel (No 3) [2015] NSWSC 1564

R v Manuel (No 3) [2015] NSWSC 1564

The Court was satisfied that Mr Barrett Wilson had been duly served with a subpoena, had earlier attended court, had then failed to appear after being required and called, had no evidence of illness, injury or misadventure explaining his non-appearance, and was likely to give important relevant evidence; accordingly, a warrant was required to bring him before the Court to secure his evidence in the trial.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Criminal Proceeding / Procedural Ruling During Trial Concerning a Bench Warrant for a Subpoenaed Witness
Outcome
Bench warrant issued for Mr Barrett Wilson to be brought before the Court as soon as possible.
Legal Topics
['subpoena to Give Evidence' 'bench Warrant' 'witness Non Appearance' 'material Witness']
['criminal Law' 'criminal Procedure' 'evidence'] ['subpoena to Give Evidence' 'bench Warrant' 'witness Non Appearance' 'material Witness']

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Procedural Posture

Criminal Proceeding / Procedural Ruling During Trial Concerning a Bench Warrant for a Subpoenaed Witness

Legal Issues

  1. 1 ['Whether Mr Barrett Wilson had been duly served with a subpoena to give evidence.' "Whether Mr Barrett Wilson's failure to appear was without just cause or reasonable excuse." 'Whether a warrant should issue to bring Mr Barrett Wilson before the Court to secure his evidence in the trial.']

Ratio Decidendi

The Court was satisfied that Mr Barrett Wilson had been duly served with a subpoena, had earlier attended court, had then failed to appear after being required and called, had no evidence of illness, injury or misadventure explaining his non-appearance, and was likely to give important relevant evidence; accordingly, a warrant was required to bring him before the Court to secure his evidence in the trial.

Court Disposition

Bench warrant issued for Mr Barrett Wilson to be brought before the Court as soon as possible.

Orders

  • ['The registry is directed to issue a warrant authorising any police officer to bring Mr Barrett Wilson before the Court as soon as possible, but in all events by 10am tomorrow, in order that his evidence can be secured in the trial.']