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Evidence Tom Spohr Evidence Tom Spohr

Kanbut v R [2022] NSWCCA 259

In this decision the CCA has observed that a tendency notice which simply asserts all the allegations in the prosecution case is unlikely to meet the objectives of the tendency rule, and examined the injustice which can arise when the jury directions from such a faulty tendency notice do not correct

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Evidence Tom Spohr Evidence Tom Spohr

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

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