R v Hickson; R v McDonald [2022] NSWSC 1433

R v Hickson; R v McDonald [2022] NSWSC 1433

Leave to adduce Beau Coulthard's evidence was refused because Ms Salter did not herself give evidence of telling Mr Coulthard the material representation, and her evidence was complete; bolstering her evidence via hearsay would be unfair as Mr Rosser had made a forensic decision not to challenge her on that point; the issue must be resolved by reference to Ms Salter's evidence in court rather than via an untested hearsay representation.

Jurisdiction
Australia
Judgment Date
20 October 2022
Procedural Posture
Criminal / Procedural Ruling on Evidentiary Application
Outcome
Leave to adduce further evidence of Beau Coulthard refused.
Legal Topics
['evidence' 'credibility' 'admission of Hearsay' 'prior Consistent Statements']
['criminal Law'] ['evidence' 'credibility' 'admission of Hearsay' 'prior Consistent Statements']

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Procedural Posture

Criminal / Procedural Ruling on Evidentiary Application

Legal Issues

  1. 1 ['Whether leave should be granted to adduce further evidence to restore the credibility of a witness under s 108 of the Evidence Act 1995; Whether the probative value of the proposed evidence is outweighed by the danger of unfair prejudice under s 137; Consideration of s 192(2) factors in deciding on leave']

Ratio Decidendi

Leave to adduce Beau Coulthard's evidence was refused because Ms Salter did not herself give evidence of telling Mr Coulthard the material representation, and her evidence was complete; bolstering her evidence via hearsay would be unfair as Mr Rosser had made a forensic decision not to challenge her on that point; the issue must be resolved by reference to Ms Salter's evidence in court rather than via an untested hearsay representation.

Court Disposition

Leave to adduce further evidence of Beau Coulthard refused.

Orders

  • ['Leave to adduce further evidence of Beau Coulthard refused.']