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[1996] VSC 47
Supreme Court of Victoria
1996-06-26
Crown P, Winneke P, Charles JA
Original judgment source is linked above.
Criminal law - sexual assaults - "recovered memory" -trial judge wrongly excluding expert testimony as to reliability of testimony - exclusion of evidence of "prior inconsistent statement" - s.35 Evidence Act 1958 - application of proviso to s.568 (1) - principles governing exercise of Court's discretion to enter judgment and verdict of acquittal - s.568(2) - application to exclude record of interview on grounds of "police oppression" - judge "editing" record by excluding questions and answers - whether record, as edited, unfair.
Solicitor for the Crown P.C. Wood, Solicitor for Public
Prosecutions
Counsel for the Applicant Mr D. Salek
Solicitors for the Applicant Clarebrough and Associates
R
Leslie Norman Bartlett [1996] VSC 47; [1996] VICSC 47; [1996] 2 VR 687