R v Hickson (No. 2) [2019] NSWSC 1616

R v Hickson (No. 2) [2019] NSWSC 1616

Leave was granted because Mr Hamilton could not recall the matters in his statement without using it, paragraph 1 of the statement showed that he found its contents accurate when it was made, and, after considering s 192(2), the significance of the evidence and the seriousness of the proceedings outweighed the unfairness to the accused arising from loss of the benefit of the witness's poor memory, which could still be explored in cross-examination.

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Criminal Proceeding; Procedural Ruling on Evidence / Crown Application for Leave Under S 32 of the Evidence Act 1995 (nsw) During Witness Evidence
Outcome
Leave granted to the witness under s 32 of the Evidence Act 1995 (NSW) to revive his memory.
Legal Topics
['refreshing Memory' 'witness Evidence' 'leave to Use Document in Court']
['evidence' 'criminal Law'] ['refreshing Memory' 'witness Evidence' 'leave to Use Document in Court']

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Procedural Posture

Criminal Proceeding; Procedural Ruling on Evidence / Crown Application for Leave Under S 32 of the Evidence Act 1995 (nsw) During Witness Evidence

Legal Issues

  1. 1 ['Whether leave should be granted under s 32 of the Evidence Act 1995 (NSW) for Robert Hamilton to use his statement to revive his memory while giving evidence.' 'Whether the requirements in s 32 and the matters in s 192(2) of the Evidence Act 1995 (NSW) supported granting leave.']

Ratio Decidendi

Leave was granted because Mr Hamilton could not recall the matters in his statement without using it, paragraph 1 of the statement showed that he found its contents accurate when it was made, and, after considering s 192(2), the significance of the evidence and the seriousness of the proceedings outweighed the unfairness to the accused arising from loss of the benefit of the witness's poor memory, which could still be explored in cross-examination.

Court Disposition

Leave granted to the witness under s 32 of the Evidence Act 1995 (NSW) to revive his memory.

Orders

  • ['Leave is granted to the witness under s 32 of the Evidence Act to revive his memory.']