R v Corbett (Supplementary Judgment NSWCCA 137) [2002] NSWCCA 402

New South Wales Court of Criminal Appeal

CITATION : R v Corbett (Supplementary Judgment NSWCCA 137) [2002] NSWCCA 402 FILE NUMBER(S) : CCA 60086/01 HEARING DATE(S) : 8 February 2002 JUDGMENT DATE : 1 October 2002

Regina PARTIES : v William George Corbett JUDGMENT OF : Handley JA at 1; Sully J at 14; Smart AJ at 15

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 00/21/0193 LOWER COURT JUDICIAL Luland DCJ OFFICER :

COUNSEL : Crown - P G Ingram Appellant - J S Stratton SOLICITORS : Crown - S E O'Connor Appellant - D J Humphreys CATCHWORDS : EVIDENCE - credibility - s 108(3) - prior inconsistent statement - prior consistent statement - discretion - leave of Court LEGISLATION CITED : Evidence Act DECISION : The orders pronounced by the Court on 19 April 2002 are confirmed

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

60086/01 DC 00/21/0193 HANDLEY JA SULLY J SMART AJ

1 October 2002 R v William George CORBETT

EVIDENCE – CREDIBILITY – s 108(3) – PRIOR INCONSISTENT STATEMENT – PRIOR CONSISTENT STATEMENT – DISCRETION – LEAVE OF COURT

Under s 108(3) Evidence Act, if evidence is led to prove a prior inconsistent statement, the party who has called the witness may, with the leave of the Court, adduce evidence of a prior consistent statement to restore the witness's credit.