R v Hunter (No 13) [2014] NSWSC 1156

R v Hunter (No 13) [2014] NSWSC 1156

Having considered ss 32, 55, 137, and 192 of the Evidence Act 1995 (NSW), the factors as a whole argue in favour of granting the Crown’s application. The evidence is highly probative, and there is no discretionary basis to refuse leave.

Parties
Crown: Regina; Accused: Paul Andrew Hunter
Jurisdiction
Australia
Judgment Date
16 July 2014
Procedural Posture
Criminal / Interlocutory Application
Outcome
Crown granted leave for witness to attempt to revive memory in witness box by reference to Crown voir dire exhibit BB.
Legal Topics
Witness Memory Reviving, Examination in Chief
Criminal Law Evidence Law Witness Memory Reviving Examination in Chief

Case Brief

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Parties

Regina

Crown

Paul Andrew Hunter

Accused

Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted for a witness to revive his memory by reference to a document

Ratio Decidendi

Having considered ss 32, 55, 137, and 192 of the Evidence Act 1995 (NSW), the factors as a whole argue in favour of granting the Crown’s application. The evidence is highly probative, and there is no discretionary basis to refuse leave.

Court Disposition

Crown granted leave for witness to attempt to revive memory in witness box by reference to Crown voir dire exhibit BB.

Orders

  • The Crown is granted leave to have the witness use voir dire exhibit BB in an attempt to revive his memory in the witness box.