Tasmania v Mayne [2009] TASSC 82 (24 August 2009)

[2009] TASSC 82

Criminal Law – Evidence – Judicial discretion to admit or exclude evidence – Prejudicial evidence – Particular cases – Other matters – Unfavourable witnesses – Prior inconsistent statements tendered – Statements evidence of facts asserted – Witnesses claiming no memory of events or making statements – Effective inability to cross-examine as to asserted facts — Probative value of evidence outweighed by danger of unfair prejudice – Evidence excluded.
Evidence Act 2001  (Tas), ss43, 60, 137.
R v Suteski [2002] NSWCCA 509; (2002) 56 NSWLR 182; Galvin v R (2006) 126 A Crim R 449, applied.
R v Adam (2001) 207 CLR 96, considered
Aust Dig Criminal Law [2682]