R v Droudis (No. 4) [2016] NSWSC 1150

R v Droudis (No. 4) [2016] NSWSC 1150

The witness may be asked whether, on the occasion recalled, he was seeking to tell the truth, even if he cannot recall all details of the conversation; the relevance and admissibility of the answer are for the Court, and the prejudicial effect does not outweigh its probative value at the threshold.

Jurisdiction
Australia
Judgment Date
31 August 2016
Procedural Posture
Criminal / Ruling on Evidentiary Objection During Trial
Outcome
Question allowed.
Legal Topics
['evidence' 'admissibility of Witness Testimony' 'witness Recollection' 'truthfulness of Statement']
['criminal Law'] ['evidence' 'admissibility of Witness Testimony' 'witness Recollection' 'truthfulness of Statement']

Case Brief

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Procedural Posture

Criminal / Ruling on Evidentiary Objection During Trial

Legal Issues

  1. 1 ['Whether a witness with partial recollection can be asked if their prior statements were true' 'Whether allowing such a question results in unfair prejudice under ss 135 or 137 of the Evidence Act 1995']

Ratio Decidendi

The witness may be asked whether, on the occasion recalled, he was seeking to tell the truth, even if he cannot recall all details of the conversation; the relevance and admissibility of the answer are for the Court, and the prejudicial effect does not outweigh its probative value at the threshold.

Court Disposition

Question allowed.

Orders

  • ['The objection to the question is overruled.']