R v L Cassar; R v E Sleiman (Judgment No 28) [1999] NSWSC 651

R v L Cassar; R v E Sleiman (Judgment No 28) [1999] NSWSC 651

The motel registration form was unavailable, and the running sheet was in substance a summary or extract of the contents of that form, whose original would have been admissible as a business record. The running sheet was therefore admissible under s 48(4)(a). Although the running sheet was not made by Detective Senior Constable Trench or found by him to be accurate when his observation was fresh, s 32(2)(b) was not a condition of leave. Because the running sheet substantially recorded the same information as his contemporaneous note of what he saw in the registration form, and because he could not recall the details without it, he was granted leave to use it to revive his memory and could...

Jurisdiction
Australia
Judgment Date
09 July 1999
Procedural Posture
Criminal / Reasons for Evidentiary Rulings on Admissibility of Crown Reply Evidence After Voir Dire
Outcome
Document admissible. Leave to refresh recollection from document.
Legal Topics
['proof of Contents of Unavailable Document' 'tender of Summary or Extract of Document' 'oral Evidence of Contents of Document' 'refreshing Recollection From Document' 'business Records']
['criminal Law' 'evidence'] ['proof of Contents of Unavailable Document' 'tender of Summary or Extract of Document' 'oral Evidence of Contents of Document' 'refreshing Recollection From Document' 'business Records']

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Procedural Posture

Criminal / Reasons for Evidentiary Rulings on Admissibility of Crown Reply Evidence After Voir Dire

Legal Issues

  1. 1 ['Whether an edited running sheet was admissible as a summary or extract of an unavailable motel registration form under s 48(4)(a) of the Evidence Act 1995.' 'Whether Detective Senior Constable Trench should have leave under s 32 of the Evidence Act 1995 to use the running sheet to revive his memory.' 'Whether Detective Senior Constable Trench could give oral evidence of the contents of the unavailable registration form under s 48(4)(b) of the Evidence Act 1995 while using the running sheet to refresh his recollection.']

Ratio Decidendi

The motel registration form was unavailable, and the running sheet was in substance a summary or extract of the contents of that form, whose original would have been admissible as a business record. The running sheet was therefore admissible under s 48(4)(a). Although the running sheet was not made by Detective Senior Constable Trench or found by him to be accurate when his observation was fresh, s 32(2)(b) was not a condition of leave. Because the running sheet substantially recorded the same information as his contemporaneous note of what he saw in the registration form, and because he could not recall the details without it, he was granted leave to use it to revive his memory and could...

Court Disposition

Document admissible. Leave to refresh recollection from document.

Orders

  • ['The running sheet was admissible in an edited form incorporating the salient details under s 48(4)(a) of the Evidence Act 1995.' 'Detective Senior Constable Trench was given leave under s 32 of the Evidence Act 1995 to use the running sheet to try to revive his memory.' 'Detective Senior Constable Trench could...