Saunders v R [2004] TASSC 95 (3 September 2004)

[2004] TASSC 95

Criminal Law – Evidence – Evidentiary matters relating to witnesses and accused persons – Unsworn statements and comment on failure to give sworn evidence – Comment – By judge – Other cases – Absence of direction about accused not having given evidence – Videotapes and transcripts of comprehensive police interviews in evidence – Whether miscarriage of justice.

Azzopardi v R [2001] HCA 25; (2001) 205 CLR 50; R v OGD (1997) 45 NSWLR 744; Richards [2002] NSWCCA 38; (2002) 128 A Crim R 204, considered.

Aust Dig Criminal Law [554]

Criminal Law – Evidence – Evidentiary matters relating to witnesses and accused persons – Impeachment of credit and admissibility of evidence as to credit – Prior inconsistent statements – Evidence in contradiction – Leave to cross-examine.

Evidence Act 2001  (Tas), ss38(1)(c), 66, 192.

Esposito (1998) 105 A Crim R 27, approved.

Aust Dig Criminal Law [571]