This page contains casenotes and articles written by Tom. You can search for a case by name, or you can browse by year / topic.
Search for a case
Browse for a case
… by year
… by category
R v Russell [2022] NSWCCA 294
In this decision the Court of Criminal Appeal (‘CCA’) has examined whether a witness who is unresponsive or silent will give rise to exceptions in the Evidence Act which would otherwise allow the tender of an earlier statement, either based on the credibility rule, or based on the ‘maker unavailable