R v Walker (No 4) [2017] NSWSC 1026

R v Walker (No 4) [2017] NSWSC 1026

The 000 call arose out of cross-examination because Mr Smith's answers gave an incomplete account of his report to police, and the recording provided a contemporaneous and complete account of what he had told police when the events were fresh in his memory. It was also admissible under s 108(3) because Mr Smith's credit had been challenged and it had been suggested that his evidence about his reports to police was deliberately false.

Jurisdiction
Australia
Judgment Date
04 August 2017
Procedural Posture
Criminal Law Procedural and Other Ruling / Ruling on Objection to Evidence in Re Examination
Outcome
Crown permitted to lead recording of 000 call in re-examination.
Legal Topics
['re Examination' '000 Call Recording' 'prior Consistent Statement' 'credit' 'evidence Act 1995 (nsw)']
['criminal Law' 'evidence'] ['re Examination' '000 Call Recording' 'prior Consistent Statement' 'credit' 'evidence Act 1995 (nsw)']

Case Brief

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Procedural Posture

Criminal Law Procedural and Other Ruling / Ruling on Objection to Evidence in Re Examination

Legal Issues

  1. 1 ['Whether the Crown could lead a recording of a 000 call in re-examination after cross-examination gave an incomplete account of what Mr Smith had reported to police.' "Whether the 000 call recording was admissible as a prior consistent statement after Mr Smith's credit had been challenged."]

Ratio Decidendi

The 000 call arose out of cross-examination because Mr Smith's answers gave an incomplete account of his report to police, and the recording provided a contemporaneous and complete account of what he had told police when the events were fresh in his memory. It was also admissible under s 108(3) because Mr Smith's credit had been challenged and it had been suggested that his evidence about his reports to police was deliberately false.

Court Disposition

Crown permitted to lead recording of 000 call in re-examination.

Orders

  • ["The Crown was permitted to lead in Mr Smith's re-examination a recording of the phone call Mr Smith made to police in June 2014."]