R v Rogerson; R v McNamara (No 24) [2016] NSWSC 105

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 24) [2016] NSWSC 105 Hearing dates: 22 February 2016 Date of orders: 22 February 2016 Decision date: 22 February 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [20] Catchwords: CRIMINAL LAW – Evidence – Application for leave to allow witness to revive memory in court – Where Crown led evidence to rebut anticipated evidence of good character – Where Crown sought leave for witness to refresh memory from statement provided to police – Whether the statement was made when events were fresh in the memory – Gap of 1 year between events and the making of the statement by the witness - Leave refused

WORDS AND PHRASES – "Fresh in the memory" Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Graham v R [1998] HCA 61; (1998) 195 CLR 606 Roth (a pseudonym) v The Queen [2014] VSCA 242 Texts Cited: Uniform Evidence in Australia (Lexis Nexis 2015) – N.J Williams SC and ors. Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara – Accused Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas – Accused Rogerson Ms K Shead – Accused McNamara

Solicitors: Director of Public Prosecutions - Crown Katsoolis and Co – Accused Rogerson Kings Law Group – Accused McNamara File Number(s): 2014/157408; 2014/156921 Publication restriction: Nil