R v Maybir (No 5) [2015] NSWSC 1740

R v Maybir (No 5) [2015] NSWSC 1740

The prior consistent statements sought to be tendered by the Crown were either already before the jury or lacked relevance to re-establish the witness’s credibility, and therefore leave to tender them was refused under the Evidence Act 1995 (NSW).

Parties
Prosecution: Regina; Accused: Kodi James Maybir
Jurisdiction
Australia
Judgment Date
19 October 2015
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
statements inadmissible
Legal Topics
Admissibility of Evidence, Prior Consistent Statements, Credibility of Witness
Criminal Law Admissibility of Evidence Prior Consistent Statements Credibility of Witness

Case Brief

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Parties

Regina

Prosecution

Kodi James Maybir

Accused

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether prior statements by a witness are admissible to re-establish her credibility under s 108 Evidence Act 1995 (NSW).

Ratio Decidendi

The prior consistent statements sought to be tendered by the Crown were either already before the jury or lacked relevance to re-establish the witness’s credibility, and therefore leave to tender them was refused under the Evidence Act 1995 (NSW).

Court Disposition

statements inadmissible

Orders

  • Leave to tender the prior consistent statements is refused.
  • None of the statements are admissible.