R v Green (No 8) [2021] NSWSC 1309

The court found the asserted facts regarding the sighting of Mr Green were fresh in Mr Morgan's memory, considering the notoriety and impact of the relevant events in the community, the witness's general mental health and age, and the fact the representation concerned the identity of a place. The two sketches were thus admissible under s 66 of the Evidence Act 1995 (NSW) as a previous representation made by a witness available for examination, and the requirements of sub-sections (2) and (3) were met.

Jurisdiction: Australia
Judgment Date: 28 September 2021
Procedural Posture: Criminal Proceeding / Evidentiary Ruling
Outcome: The two sketches drawn by Mr Mark Morgan are admitted into evidence.
Legal Topics: ['hearsay Exception' 'admissibility of Evidence' 'fresh in the Memory']

['evidence Law' 'criminal Law'] ['hearsay Exception' 'admissibility of Evidence' 'fresh in the Memory']

Case Brief

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Procedural Posture

Criminal Proceeding / Evidentiary Ruling

Legal Issues

1 ["Whether two sketches drawn by a witness are admissible under the first-hand hearsay exception in s 66 of the Evidence Act 1995 (NSW) in a criminal proceeding where the representation concerns the identity of a person and place and whether the asserted facts were 'fresh in the memory' of the witness despite a three-month interval and history of substance abuse."]

Ratio Decidendi

Court Disposition

The two sketches drawn by Mr Mark Morgan are admitted into evidence.

Orders

['The two sketches of Mr Mark Morgan prepared on 20 June 2018 are admitted as Exhibit 14.']