R v Hawkins (No 4) [2020] NSWSC 1395

R v Hawkins (No 4) [2020] NSWSC 1395

It was not clear that the witness was deliberately withholding evidence; her contemporaneous signed police statement is important evidence made while memory was fresh, and any potential unfairness to the accused can be handled in cross-examination. Therefore, leave is granted for the witness to refresh her memory from her statement regarding both the satchel and what was said by the deceased.

Jurisdiction
Australia
Judgment Date
21 September 2020
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Application granted
Legal Topics
['witness Memory' 'refreshing Memory' 'evidence in Court' 'procedural Ruling']
['evidence' 'criminal Law'] ['witness Memory' 'refreshing Memory' 'evidence in Court' 'procedural Ruling']

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Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 ['Whether leave should be granted for a witness to revive her memory in court by reference to a statement made to police' 'Whether such revival is unfair to the accused or the witness under sections 32 and 192 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

It was not clear that the witness was deliberately withholding evidence; her contemporaneous signed police statement is important evidence made while memory was fresh, and any potential unfairness to the accused can be handled in cross-examination. Therefore, leave is granted for the witness to refresh her memory from her statement regarding both the satchel and what was said by the deceased.

Court Disposition

Application granted

Orders

  • ['Leave is given for Taylah Lethbridge to refresh her memory from her 8 December 2018 police statement in respect of what she says she heard Mr Denniss say to the accused and the assertion regarding the satchel.']