R v Warwick (No.72) [2019] NSWSC 1254

R v Warwick (No.72) [2019] NSWSC 1254

The Court refused to order that Ms Lake not be called before 16 September 2019 because notice had been given to the Accused that the Crown proposed to call her on 10 September 2019, she had travelled from interstate and had significant health difficulties, and there could be significant difficulty arranging for her to return or be recalled if she did not give evidence that day.

Jurisdiction
Australia
Judgment Date
10 September 2019
Procedural Posture
Criminal Proceeding / Procedural Ruling on Notice of Motion Dated 10 September 2019 Seeking to Delay the Calling of Witnesses
Outcome
Application refused; the Court declined to make Order 1 set out in the Notice of Motion dated 10 September 2019.
Legal Topics
['witness Evidence' 'request to Delay Calling of Witness' 'procedural Ruling']
['criminal Law' 'evidence'] ['witness Evidence' 'request to Delay Calling of Witness' 'procedural Ruling']

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Procedural Posture

Criminal Proceeding / Procedural Ruling on Notice of Motion Dated 10 September 2019 Seeking to Delay the Calling of Witnesses

Legal Issues

  1. 1 ['Whether the Court should order that Ms Jendy Lake not be called as a Crown witness before Monday, 16 September 2019.']

Ratio Decidendi

The Court refused to order that Ms Lake not be called before 16 September 2019 because notice had been given to the Accused that the Crown proposed to call her on 10 September 2019, she had travelled from interstate and had significant health difficulties, and there could be significant difficulty arranging for her to return or be recalled if she did not give evidence that day.

Court Disposition

Application refused; the Court declined to make Order 1 set out in the Notice of Motion dated 10 September 2019.

Orders

  • ['Decline to make Order 1 set out in the Notice of Motion dated 10 September 2019.']