R v Warwick (No.14)

1. [1]

   On 27 April 2018, the Crown filed a Notice of Motion seeking orders that it be granted leave to serve on the defence, as evidence in the Crown case, nine aerial maps which were then described.

2. [2]

   The maps are of various addresses relevant to the events which are the subject of the Crown's case and the counts on the Indictment.

3. [3]

   The aerial maps or photographs are obviously relatively recent reproductions of what are said to be earlier images taken variously between 1979 and 1984. It seems to me, and as one would typically expect in cases of this kind, that a jury may be given aerial photographs which would assist them to understand the places at which the events took place, their general location and the general layout of the immediate area.

4. [4]

   I do not think that granting the Crown leave to serve the maps at this stage, which is after the cut-off date for the service of the Crown Brief, causes any prejudice to the accused. On the contrary, it seems to me that these nine aerial photographs will be likely to assist in the efficient unfolding of the Crown case and would be equally of benefit to both the Crown and the accused in the course of the trial.

5. [5]

   The accused's solicitor raises by way of objection to the order sought, a question as to provision by the Crown of the underlying source material for these aerial photographs. I am not being asked by this Motion to consider the admissibility of the photographs, but obviously the underlying material and information may be a relevant consideration if the admissibility of the photographs is objected to. If objected to, the Crown would need to prove the relevant facts and circumstances underlying these photographs in any event.

6. [6]

   It seems to me that the aerial photographs are likely to assist both parties, and do not cause any prejudice to the accused. The appropriate course to follow is accordingly to make the orders sought in the Notice of Motion but to add directions with respect to the request by the accused for any further information with respect to the aerial photographs and the date for a response by the Crown.

Orders

1. [7]

   Accordingly, I will make the following orders:

   1. (1)

      Grant leave to the Crown to serve on the accused, as evidence in the Crown case, nine aerial maps as follows:

   2. (2)

      Direct that any request for further information with respect to these aerial photographs by the accused be served by 4pm Thursday, 3 May 2018.

   3. (3)

      Direct that the Crown respond to any such request by 4pm Thursday, 10 May 2018.

   4. (4)

      The Motion is otherwise dismissed.