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Evidence Tom Spohr Evidence Tom Spohr

Gardiner v R [2023] NSWCCA 89

In this decision the Court of Criminal Appeal (‘CCA’) has determined that although judges in judge-alone trials are entitled to take into account the demeanour of witnesses outside the witness box (for example in the dock, or in the well of the Court), the judge should immediately bring to the atten

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Evidence Tom Spohr Evidence Tom Spohr

Barney v R [2023] NSWCCA 85

In the course of considering this appeal, the Court of Criminal Appeal has discussed the concepts of ‘credibility’ and ‘reliability’ in a way that is likely to be useful for practitioners appearing in hearings and appeals at all levels.

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