R v James Duncan SMITH [2009] NSWDC 243

R v James Duncan SMITH [2009] NSWDC 243

Given the isolated nature of the alleged incident, the approximately sixty-day delay, and the emotional reaction of the witness, the evidence of the account given to the mother was fresh in her memory and therefore admissible under s 66 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
08 May 2009
Procedural Posture
Criminal / Evidentiary Ruling in Jury Trial
Outcome
The evidence is admissible.
Legal Topics
['tendency Evidence' 'hearsay Evidence' 'admissibility' 's 66 Evidence Act 1995']
['criminal Law' 'evidence'] ['tendency Evidence' 'hearsay Evidence' 'admissibility' 's 66 Evidence Act 1995']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling in Jury Trial

Legal Issues

  1. 1 ["Whether hearsay account to her mother is admissible under s 66 Evidence Act 1995 as 'fresh in the memory'" 'Whether evidence of alleged sexual assault by accused is admissible as tendency evidence']

Ratio Decidendi

Given the isolated nature of the alleged incident, the approximately sixty-day delay, and the emotional reaction of the witness, the evidence of the account given to the mother was fresh in her memory and therefore admissible under s 66 of the Evidence Act 1995.

Court Disposition

The evidence is admissible.

Orders

  • []