R v Warwick (No.36) [2018] NSWSC 1264

R v Warwick (No.36) [2018] NSWSC 1264

The application met all requirements of s 32: the witness could not recall the relevant fact without the document, the record was made when the event was fresh in his memory, and he assessed it as accurate at the time. Objections about potential error in the recollection do not preclude grant of leave.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Criminal / Interlocutory Application (rule on Evidence)
Outcome
Application granted.
Legal Topics
['refreshing Memory' 'witness Evidence' 'use of Police Record of Interview']
['criminal Law' 'evidence'] ['refreshing Memory' 'witness Evidence' 'use of Police Record of Interview']

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Procedural Posture

Criminal / Interlocutory Application (rule on Evidence)

Legal Issues

  1. 1 ['Whether the witness may refresh his recollection in court using a police record of interview under s 32 of the Evidence Act 1995.']

Ratio Decidendi

The application met all requirements of s 32: the witness could not recall the relevant fact without the document, the record was made when the event was fresh in his memory, and he assessed it as accurate at the time. Objections about potential error in the recollection do not preclude grant of leave.

Court Disposition

Application granted.

Orders

  • ['The application by the Crown under s 32 of the Evidence Act 1995 to permit the witness to refresh his recollection from Questions 51 to 55 and the Answers in MFI Z is granted.' 'Direct that the evidence of the witness, as to his refreshed recollection, be taken by him reading aloud Questions and Answers 51 to 55.']