R v Qaumi & Ors (No 38) [2016] NSWSC 743

R v Qaumi & Ors (No 38) [2016] NSWSC 743

Leave was granted because, although the statement was made a considerable time after the witness last used the telephone numbers and was not accepted as fresh in memory, the witness had found the record of the numbers accurate when he made the statement; requiring the Crown to prove the numbers by other means would add to the length of the trial; the evidence was important in proceedings involving serious criminal allegations including murder and attempted murder; and no unfairness to the accused was identified.

Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Criminal Proceeding / Crown Application During Trial for Leave Under S 32 of the Evidence Act 1995 (nsw) to Revive a Witness's Memory in Court
Outcome
Application for leave to revive memory granted.
Legal Topics
['reviving Memory in Court' 'use of Documents by Witness' 'telephone Number Evidence' 'discretion to Grant Leave']
['criminal Law' 'evidence'] ['reviving Memory in Court' 'use of Documents by Witness' 'telephone Number Evidence' 'discretion to Grant Leave']

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Procedural Posture

Criminal Proceeding / Crown Application During Trial for Leave Under S 32 of the Evidence Act 1995 (nsw) to Revive a Witness's Memory in Court

Legal Issues

  1. 1 ['Whether Witness E should be granted leave under s 32 of the Evidence Act 1995 (NSW) to use his police statement to revive his memory about mobile telephone numbers.' 'Whether the statement satisfied the relevant considerations in s 32(2) and whether leave should be granted having regard to s 192 factors and fairness to the accused.']

Ratio Decidendi

Leave was granted because, although the statement was made a considerable time after the witness last used the telephone numbers and was not accepted as fresh in memory, the witness had found the record of the numbers accurate when he made the statement; requiring the Crown to prove the numbers by other means would add to the length of the trial; the evidence was important in proceedings involving serious criminal allegations including murder and attempted murder; and no unfairness to the accused was identified.

Court Disposition

Application for leave to revive memory granted.

Orders

  • ['Leave granted under s 32 of the Evidence Act 1995 (NSW) for Witness E to revive his memory in relation to the mobile telephone numbers.']