R v Warwick (No.17)

1. [1]

   The application by the Crown under s 50 of the Evidence Act 1995 (NSW) as it is presently formulated by reference to the letter dated 13 October 2017 from the Office of the Director of Public Prosecutions to the accused's solicitors and as further particularised in the letter dated 27 March 2018 from the Office of the Director of Public Prosecutions dated 27 March 2018 can be dismissed.

2. [2]

   It is apparent that, at this stage of the pre-trial hearing, the Crown does not presently propose to tender the summaries in their current form. However, if may choose to tender them at some future point in the trial, or else to seek leave of the Court to rely upon parts of the summaries as an aide-memoir of the tendered evidence.

3. [3]

   However, it is open to the Crown to make any further application it wishes to tender summaries pursuant to s 50 of the Evidence Act in the course of the trial.

Orders

1. [4]

   I make the following order:

   1. (1)

      Application by the Crown to rely upon summaries under s 50 of the Evidence Act 1995 is dismissed.