R v RAG [2024] NSWDC 410

District Court New South Wales

Medium Neutral Citation: R v RAG [2024] NSWDC 410 Hearing dates: 21 August 2024 Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph [49] Catchwords: EVIDENCE – criminal proceeding – special hearing – Crown application for leave to revive witness' memory in court – proposed revival by reference to witness' statement to police – witness statement made in 2019 about events allegedly occurring in 1997 – materiality of witness finding that facts recorded in witness statement were accurate when made – consideration of document was made when events recorded in witness statement were 'fresh in the memory' – consideration of s 192 factors – significance of the nature of the proceeding, being alleged historical sexual assault allegations by father against daughter – consideration of unfairness to the defendant Legislation Cited: Evidence Act 1995 (NSW) ss 32, 38, 192 Cases Cited: Eastman v The Queen (1997) 76 FCR 9 Graham v R (1998) 195 CLR 606 Kassab v The Queen [2021] NSWCCA 46 R v Al Batat & Ors (No.15) [2020] NSWSC 1227 The Queen v Bauer (a Pseudonym) (2018) 266 CLR 56 R v Cassar (Judgment No.28) [1999] NSWSC 651 R v El-Kheir [2004] NSWCCA 461 R v Jenkin (No.5) [2018] NSWSC 730 R v Rogerson; R v McNamara (No.24) [2016] NSWSC 105 Roth (a Pseudonym) v R [2014] VSCA 242 Texts Cited: S Odgers SC, Uniform Evidence Law (18th ed) (Thomson Reuters, 2023) Category: Procedural rulings Parties: Office of the Director of Public Prosecutions (ODPP) RAG (Accused) Representation: Counsel: Ms E Curran for the ODPP Mr W Tuckey for the Accused