R v Briggs (No 4) [2014] NSWSC 853

R v Briggs (No 4) [2014] NSWSC 853

The statement was made "soon after" the events in question because it was made no more than two days and nine hours after those events, and there was no discretionary basis to refuse the Crown's application, particularly given that 18 months had passed since the events about which evidence was to be given.

Jurisdiction
Australia
Judgment Date
10 June 2014
Procedural Posture
Criminal Proceeding / Interlocutory Application on Voir Dire Concerning Evidence in Chief of a Police Officer
Outcome
Application allowed.
Legal Topics
['examination in Chief' 'police Officer Evidence' 'reading From Written Statement' 'evidence Act 1995 (nsw) S 33' 'whether Statement Was Made Soon After Events']
['criminal Law' 'evidence'] ['examination in Chief' 'police Officer Evidence' 'reading From Written Statement' 'evidence Act 1995 (nsw) S 33' 'whether Statement Was Made Soon After Events']

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Procedural Posture

Criminal Proceeding / Interlocutory Application on Voir Dire Concerning Evidence in Chief of a Police Officer

Legal Issues

  1. 1 ['Whether Constable Hill should be permitted under s 33 of the Evidence Act 1995 (NSW) to read or be led through his signed statement as evidence in chief.' 'Whether the statement signed two days and almost nine hours after the relevant events was made "soon after" the occurrence of the events to which it refers for the purposes of s 33(2)(a).']

Ratio Decidendi

The statement was made "soon after" the events in question because it was made no more than two days and nine hours after those events, and there was no discretionary basis to refuse the Crown's application, particularly given that 18 months had passed since the events about which evidence was to be given.

Court Disposition

Application allowed.

Orders

  • ['The evidence will be allowed in the form foreshadowed by the Crown Prosecutor.']