R v Abdollahi (No 7) [2013] NSWSC 480

R v Abdollahi (No 7) [2013] NSWSC 480

Leave was granted for the witness to use her contemporaneous notes and statement of 24 April 2011 for the purpose of reviving her memory in respect of specific incidents, as these were made when events were fresh in her memory and no relevant unfairness would arise; leave was refused for later statements not made contemporaneously.

Parties
Prosecution: Regina; Accused: Ali Abdollahi; Accused: Haider Hussein Ali; Accused: Mohammed Naim Amiri; Accused: Amir Manafi Bejoushin; Accused: Saied Chenarjaafarizad; Accused: Taleb Feili; Accused: Ali Haidari; Accused: Seyed Ali Reza Kamali; Accused: Sayed Ibrahim Mosawi; Accused: Majid Parhizkar; Accused: Kamelledin Shahsawari; Accused: Medhi Viasi
Jurisdiction
Australia
Judgment Date
13 March 2013
Procedural Posture
Criminal / Interlocutory Ruling on Leave to Revive Witness Memory
Outcome
Leave to attempt to revive memory of witness granted in part
Legal Topics
Reviving Witness Memory, Use of Documents, Contemporaneous Notes, Leave to Refresh Memory
Evidence Criminal Law Reviving Witness Memory Use of Documents Contemporaneous Notes Leave to Refresh Memory

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Parties

Regina

Prosecution

Ali Abdollahi

Accused

Haider Hussein Ali

Accused

Mohammed Naim Amiri

Accused

Amir Manafi Bejoushin

Accused

Saied Chenarjaafarizad

Accused

Taleb Feili

Accused

Ali Haidari

Accused

Seyed Ali Reza Kamali

Accused

Sayed Ibrahim Mosawi

Accused

Majid Parhizkar

Accused

Kamelledin Shahsawari

Accused

Medhi Viasi

Accused

Procedural Posture

Criminal / Interlocutory Ruling on Leave to Revive Witness Memory

Legal Issues

  1. 1 Whether leave should be granted to the Crown to permit a prosecution witness to use documents to revive her memory during evidence.

Ratio Decidendi

Leave was granted for the witness to use her contemporaneous notes and statement of 24 April 2011 for the purpose of reviving her memory in respect of specific incidents, as these were made when events were fresh in her memory and no relevant unfairness would arise; leave was refused for later statements not made contemporaneously.

Court Disposition

Leave to attempt to revive memory of witness granted in part

Orders

  • Leave granted for Ms Bishop to use contemporaneous notes and 24 April 2011 statement to revive memory in respect of certain incidents.
  • Leave refused for use of 7 February 2012 statement regarding the alleged laundry incident.