R v Elms [2004] NSWCCA 467 (20 December 2004)

[2004] NSWCCA 467

Previous representation by missing witness to police admissible upon tender by accused under s 65(8)  Evidence Act 1995  – previous representationn either inconsistent or capable of being inconsistent with evidence of witness upon whom Crown case subnstantially depended – previous representation wrongly rejected and could have affected outcome of trial – correct construction of s 105A of Crimes Act 1900 – not necessary for circumstances of aggravation to accompany each element of the offence-sufficient if, in course of committing offence, an offender is armed