16 Mar 2010
MORGAN V R SC 92/2008
- Citation
- MORGAN V R SC 92/2008
- Court
- Supreme Court
By majority the Supreme Court held the prior written statement of the Crown witness was admissible and the trial judge did not err in admitting it; the s8 unfair prejudice balancing did not require exclusion in the particular circumstances and the appeal was dismissed. A dissenting judgment held the statement should have been excluded under s8 absent reasonable assurance of reliability and would have quashed the conviction and ordered a retrial.